SP060225R0700_Confirmed Throgh AMD 0004.pdf

27 NOV 2024

9 DEC 2024/12:00 PM EST

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STANDARD FORM 1449 (REV.2il012) BACK

SF 1449 ADDITIONAL INFORMATION

1. The following quantities are estimated maximum quantities. The actual purchases will be made pursuant to orders placed in accordance with FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) and FAR 52.216-18 ORDERING (AUG 2020). Only FOB Origin tanker offers are acceptable. Offers must include the base year and the three option years.

2. The Government contemplates award of an Indefinite Delivery Indefinite Quantity (IDIQ), Fixed price with Economic Price Adjustment contract resulting from this solicitation. The Government agrees to purchase, during the period of this contract and in accordance with the terms of this contract, at least a quantity (or quantities) of products.

LOCATION: EAST COAST/GULF, U.S. POSSESSIONS OF PUERTO RICO AND THE VIRGIN ISLANDS

BASE/FIRST YEAR: DATE OF AWARD THROUGH JANUARY 31, 2026

TURBINE FUEL, AVIATION JP8: 56,000,000 USG

DIESEL FUEL OIL, EN590: 28,000,000 USG

OPTION YEAR ONE (OY1): FEBRUARY 1, 2026 THROUGH JANUARY 31, 2027

TURBINE FUEL, AVIATION JP8:

DIESEL FUEL OIL, EN590:

70,000,000 USG

14,000,000 USG

OPTION YEAR TWO (OY2): FEBRUARY 1, 2027 THROUGH JANUARY 31, 2028

TURBINE FUEL, AVIATION JP8: 70,000,000 USG

DIESEL FUEL OIL, EN590: 14,000,000 USG

OPTION YEAR THREE (OY3): FEBRUARY 1, 2028 THROUGH JANUARY 31, 2029

TURBINE FUEL, AVIATION JP8: 56,000,000 USG

DIESEL FUEL OIL, EN590: 28,000,000 USG

GENERAL SOLICITATION NOTES

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

Note 1: In accordance with L-0004 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010), offers must be submitted via email to BulkFuelsBidCustodian@dla.mil, vincent.joyner@dla.mil; and shannon.coleman@dla.mil.

Note 2: Offer must be signed by an authorized negotiator [See K-0005 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) listed below and set out in full text in the Offer Submission Package].

Note 3: F1.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015) – is included in full text below. It sets forth how quantities will be determined under any resultant contract.

Note 4: Dealers (non-manufacturers) must obtain a firm supply commitment letter in accordance with L-0001 L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JUL 2019). DLA Energy will only be making a single award.

Note 5: NOTICE: Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

Note 6: The Overseas Sun Coast and the Overseas Santorini comprise the fleet of vessels that will be used to transport fuel under this solicitation. All responsible offerors are required to review the Chartering Questionnaire for each vessel (see attachments 3 and 4).

mailto:BulkFuelsBidCustodian@dla.mil mailto:vincent.joyner@dla.mil mailto:shannon.coleman@dla.mil

Offerors must provide acceptance and/or reason for rejection of each vessel for loading at the offered port. This is to be conducted when the vessel arrives into the port and no later than 48 hours before the scheduled load is set to commence. In the event a vessel is rejected, the regional QAR must be notified immediately, with a detailed list of concerns. The QAR will then contact the contracting officer within 24 hours to discuss possible remedies.

Note 7: For questions regarding small business matters, contact Mr. Gregory Thevenin, Director, DLA Energy Small Business, at (703) 642-5495.

Note 8: 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 9: 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. Loading procedures that rely on transfer via barge are not acceptable.

Note 10: 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 and at least forty five (45) days prior to the first shipment.

Note 11: Quality control procedures for each shipment of fuel furnished under this document shall be monitored by a U.S. Government representative.

Note 12: 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.

Note 13: The U.S. Government representative is responsible for quality assurance of the product and shall be the contractor’s sole point of contact.

In the event there are any disputes with regard to test results, the determination of the U.S. Government representative shall govern any further testing procedures.

Note 14: 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 15: 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 16: Prior to loading diesel gas-oil or jet fuel on the ocean tanker, the ship’s cargo cells shall be cleaned 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 17: 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 and a copy of all laboratory test results shall be sent to DLA Energy FEBE via e-mail within 48 hours after the cargo has been released.

Note 18: 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 there is a dispute 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.

Note 19: The maximum vessel draft will be 40 feet at summer load line for a safety allowance.

Note 20: Load port must be capable of handling vessel lengths (LOA) up to 619 feet and 9 inches and be accessible for commercial vessels.

Note 21: The ocean tanker shall be able to transport split cargos (jet fuel and diesel gas-oil) when required by the customer.

Note 22: The contractor shall provide the QAR (DLA Energy representative) with adequate facilities to perform testing and sampling procedures, at its own expense.

Note 23: 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. At time of inspection, the finished fuel shall be visually clear and bright at ambient temperature.

Note 24: The demurrage rate is $34,000.00 per day.

Note 25: By submitting an offer, the offeror certifies that the offer price does not include any direct or indirect costs of sales commissions or fees for contractor sales representatives for the solicitation or promotion or otherwise to secure the conclusion of the sale of any of the supplies under this solicitation.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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:

BASIC REQUIREMENT (BASE YEAR)

DELIVERY PERIOD: FEBRUARY 1, 2025 THROUGH JANUARY 31, 2026, PLUS A 30 DAY CARRYOVER PERIOD

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

Line Item FOB Origin Method of Delivery Estimated Quantity/USG

0001 East/Gulf Coast Port Puerto Rico/Virgin Islands

Tanker (through a dedicated pipeline)

56,000,000

OPTION YEAR ONE (OY1) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2026 THROUGH JANUARY 31, 2027, PLUS A 30 DAY CARRYOVER PERIOD

0003 East/Gulf Coast Port Puerto

Tanker (through a dedicated

70,000,000

Note: The delivery schedule for Line Item 0003 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.

OPTION YEAR TWO (OY2) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2027 THROUGH JANUARY 31, 2028, PLUS A 30 DAY CARRYOVER PERIOD

0005 East/Gulf Coast Port Puerto

Tanker (through a dedicated

70,000,000

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

OPTION YEAR THREE (OY3) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2028 THROUGH JANUARY 31, 2029, PLUS A 30 DAY CARRYOVER PERIOD

0007 East/Gulf Coast Port Puerto

Tanker (through a dedicated

56,000,000

Note: The delivery schedule for Line Item 0007 will be provided if/when the option is exercised. Options are subject to the availability of funds. The

JP8 Product Notes:

Note 1: The JP8 shall conform to the requirements of the latest revision of I.D.F SPECIFICATION NO. 7-46311971-90/25E, dated March 14, 2024

SEE ATTACHMENTS 4 AND 5 FOR COMPLETE SPECIFICATION AND ADDITIONAL INFORMATION.

Note 2: The JP8 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 91-091 (latest version).

Note 4: The fuel shall contain only an antioxidant additive as described in MIL-DTL-83133 at a concentration of 17.0 – 24.0 mg/l (LOA 14 Aug 2024). 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 JP8 to be produced for each shipment to be transported by an ocean tanker shall be supplied from a single refinery (no more than one JP8 producer for each shipment).

Note 9: Offeror must confirm they can meet the delivery loading windows as solicited. DLA Energy anticipates lifts as follows:

Note 10: The JP8 Product Notes apply to base and option years.

Base Year Delivery Schedule (JP8)

Cargo Quantity (USG) Loading Window 1 14,000,000 14-18 March 2025 2 14,000,000 04-08 August 2025 3 14,000,000 19-23 September 2025 4 14,000,000 10-14 November 2025

THE DELIVERY SCHEDULE IS NOT ABSOLUTE AND IS SUBJECT TO CHANGE

BASIC REQUIREMENT (BASE YEAR)

DELIVERY PERIOD: FEBRUARY 1, 2025 THROUGH JANUARY 31, 2026, PLUS A 30 DAY CARRYOVER PERIOD

Diesel Fuel Oil, EN590, NSN: 9140-01-556-9156

0002 East/Gulf Coast Port Puerto

Tanker (through a dedicated

28,000,000

OPTION YEAR ONE (OY1) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2026 THROUGH JANUARY 31, 2027, PLUS A 30 DAY CARRYOVER PERIOD

0004 East/Gulf Coast Port Puerto

Tanker (through a dedicated

14,000,000

Note: 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

OPTION YEAR TWO (OY2) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2027 THROUGH JANUARY 31, 2028, PLUS A 30 DAY CARRYOVER PERIOD

0006 East/Gulf Coast Port Puerto

Tanker (through a dedicated

14,000,000

Note: 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

OPTION YEAR THREE (OY3) REQUIREMENT

DELIVERY PERIOD: FEBRUARY 1, 2028 THROUGH JANUARY 31, 2029, PLUS A 30 DAY CARRYOVER PERIOD

0008 East/Gulf Coast Port Puerto

Tanker (through a dedicated

28,000,000

Note: The delivery schedule for Line Item 0008 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

EN590 Product Notes:

Note 1: Product shall conform to European I.D.F SPECIFICATION NO. 7-46311793-90/25E, dated March 14, 2024. Fuel supplied shall be distillate 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 reformatted 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.

SEE ATTACHMENTS 4 and 5 FOR THE COMPLETE PRODUCT SPECIFICATIONS, 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: Offeror must confirm they can meet the delivery loading windows as solicited. DLA Energy anticipates lifts as follows:

Note 6: The EN590 Product Notes apply to base and option years.

Base Year Delivery Schedule (Diesel)

Cargo Quantity (USG) Loading Window 1 14,000,000 01–04 February 2025 2 14,000,000 16-20 May 2025

THE DELIVERY SCHEDULE IS NOT ABSOLUTE AND IS SUBJECT TO CHANGE

B19.33 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – DLA ENERGY

DOMESTIC BULK. (DLA ENERGY JUNE 2017)

(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 contract text; and

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

(b) Definitions. As used throughout this contract text, 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 contract text. 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 contract text.

(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) Free on board (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 wording of this contract text, 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 wording of this contract text, 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 contract texts shall not exceed 815 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 wording of this contract text 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 contract text of this contract.

(d) Conversion factors. If this contract text requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy 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 wording of this contract text.

(f) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

I

Item No.

II

Name of Publication

III

Heading under which market indicator is published and name of product

IV

Location where market price is applicable

V

Base market price as of Aug 20, 2024 (excludes all taxes) (see note(s) below)

0001, 0003, 0005, 0007, PLATT’S

EAST/GULF/INLAND/

OFFSHORE JP8

OILGRAM

PRICE

REPORT

JET KERO

54 US GULF

PIPE

U.S. GULF COAST $2.230100

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

NOTE: Prices based on this escalator will change on Tuesdays based on the prior week average. 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.

I

Item No.

II

Name of Publication

III

Heading under which market indicator is published and name of product

IV

Location where market price is applicable

V

Base market price as of Aug 20, 2024 (excludes all taxes) (see note(s) below)

0002, 0004, 0006, 0008, PLATT’S

EAST/GULF/INLAND/

OFFSHORE EN590

OILGRAM

PRICE

REPORT

ULSD U.S. GULF COAST $2.283240

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

NOTE: Prices based on this escalator will change on Tuesdays based on the prior week average. 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.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The C-QAPS are included in Attachment 6 to this Solicitation and have been included with this Solicitation package at www.SAM.gov for your convenience.

SEE ATTACHMENT 6 FOR FULL TEXT C QAPS

THE PRODUCT SPECIFICATIONS ARE PROVIDED SEPAREATLY AS ATTACHMENTS 4 AND 5

SECTION E - INSPECTION AND ACCEPTANCE

The E-QAPS are included in Attachment 7 to this Solicitation and have been included with this Solicitation package at www.SAM.gov for your convenience.

SEE ATTACHMENT 7 FOR FULL TEXT E QAPS

THE PRODUCT SPECIFICATIONS ARE PROVIDED SEPAREATLY AS ATTACHMENTS 4 AND 5

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease

F1.09 Determination of Quantity (DLA Energy AUG 2015)

Quantity. The quantity of supplies furnished under this contract shall be determined as follows:

Free on Board (f.o.b.) origin. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries into tanker or barge. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or Shipping/shore tank measurement.

Deliveries into pipeline. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or shipping tank measurements.

http://www.sam.gov/

Deliveries into rail tank car. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or, using calibrated scales; or certified capacity table for the rail tank car.

Deliveries into tank truck, truck and trailer, or tank wagon. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b.

origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or weight, using calibrated scales; or certified capacity table for the conveyance or container.

Deliveries into intermodal container. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or certified capacity table for the container, or weight, using calibrated scales.

F.o.b. destination.

Deliveries by tanker or barge.

On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the receiving tank system; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by pipeline.

On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the pipeline junction or the receiving tank system; or receiving tank measurements.

F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees

Celsius).

Deliveries by rail tank car.

On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of calibrated meter on the receiving tank system; or weight, using calibrated scales at the receiving location; or certified capacity table for the rail tank car; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by tank truck/truck and trailer/tank wagon/intermodal container.

On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined —in the following order of preference:

Calibrated temperature compensating meters on the receiving system (as identified in the schedule).

Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule). Weight, using calibrated scales at the receiving location (as identified in the schedule).

Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

Calibrated meter on the delivery conveyance, requiring manual volume correction. Loading ticket, not volume corrected (requiring manual volume correction).

Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) number 4 fuel oil (ASTM D 396).

Water bottoms.

Every delivery must be free of all water bottoms prior to discharge; and The Contractor is responsible for their removal and disposal.

Measurement restrictions. All methods of measurement described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

Measurement standards. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the U.S., other technically equivalent national or international standards may be used.

Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and International Organization for Standardization (ISO) 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A. For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and

24B. For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42.

Should foreign law restrict conversion by this method, the method required by law shall be used.

As an option to (b) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

If the original measurement is by weight and quantity is required in U.S. gallons, then— Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains number/name of each meter; calibration frequency; date of the last calibration; due date for next calibration; name and signature of the person performing the calibration; traceability to master meter/prover used for calibration; and calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter.

Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

Table F1.09a Conversion Factor Table

Density @ 15ºC Gallons at 60ºF to Liters at 15ºC; Multiply by Liters at 15C to Gallons at 60F, Multiply by

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

Shipping documentation. When the Contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

Where Government documents are the sole basis for payment, such as Department of Defense (DD) Form 250/250-1s, the information is not required.

Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

Right to representative. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY M AY2022)

(a) This contract provision applies to all modes of delivery, whether origin or destination.

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

For the basic requirements:

(1) Ordering Period Begins: Date of Award and Ends: January 31, 2026.

(2) Delivery Period Begins: February 1, 2025 and Ends: January 31, 2026, plus a 30-day carryover period.

For the option requirements:

Option Year One (OY1)

(1) Ordering Period Begins: Date the Option is Exercised and Ends: January 31, 2027.

(2) Delivery Period Begins: February 1, 2026 and Ends: January 31, 2027, plus a 30-day carryover period.

Option Year Two (OY2)

(1) Ordering Period Begins: Date the Option is Exercised and Ends: January 31, 2028.

(2) Delivery Period Begins: February 1, 2027 and Ends: January 31, 2028, plus a 30-day carryover period.

For the option requirements:

Option Year Three (OY3)

(1) Ordering Period Begins: Date the Option is Exercised and Ends: January 31, 2029.

(2) Delivery Period Begins: February 1, 2028 and Ends: January 31, 2029, plus a 30-day carryover period.

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

(c) To the extent practicable, the Government will attempt to lift in approximately equal monthly quantities for the life of the contract. However, if the monthly pro rata is less than the Contractor's maximum parcel size regardless of mode, the Government reserves the right to order volumes equal to the maximum parcel size per delivery. Where the maximum parcel size available for individual deliveries as specified in the contract is greater than the monthly pro rata, the supplier will accumulate any such product at any such location and subsequently make deliveries equal to the specified maximum quantity available for individual deliveries.

(d) Except at its option, the Contractor shall not be required to deliver f.o.b. tanker at origin in any one delivery a quantity of product(s) less than 50,000 barrels, except when the minimum quantity available for individual deliveries as specified in the contract is less than 50,000 barrels.

(e) Nothing included in this contract text shall restrict the Government's rights under the DELIVERY_ORDER LIMITATIONS - SCOPE OF

CONTRACT.

F14 SHIPMENT AND ROUTING (DLA ENERGY OCT 2020)

a) The Contractor shall make shipments of the supplies called for by this contract, or ordered hereunder, if this is an indefinite delivery contract, by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the Schedule or the order.

b) On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at the Government's option. Government-furnished transportation equipment that the Contractor finds unsatisfactory for loading shall be reported as follows:

1. Tankers and Barges. Report to the Quality Assurance Representative (QAR).

2. Tank Cars. Report to the QAR/Government Representative and Military Surface Deployment and Distribution Command, ATTN: Rail Fleet Manager, 1 Soldier Way, Scott AFB, IL 62225 or email usarmy.scott.sddc.mbx.dodx@mail.mil. Any shortage or overage of tank cars shall be similarly reported.

3. Pipeline, Transport Trucks, Trucks and Trailers, and Tank Wagons. Report to the QAR/Government

Representative and to carrier's general office, or to home base or station, of such equipment.

4. In each case above, also report to the Defense Logistics Agency (DLA) Energy Regional Office having jurisdiction over the area in which shipment originates.

c) If the supplies are to be delivered f.o.b. pipeline, barge, tank car, truck, transport truck, truck and trailer, or tank wagon

1. For f.o.b. origin deliveries, unless otherwise directed by the DLA Energy Regional Office placing orders, the Contractor shall create shipments for transportation services using USBank’s Syncada, with software and training to be provided by USBank. All Syncada users must complete the following annual training:

i. Certifying Officer Legislation (COL)

ii. Transportation Pay

iii. Advanced Syncada Training

2. Daily Load List. For f.o.b. origin and destination truck deliveries, on each day truck(s) are loaded, the Contractor shall send by email a daily load list to the DLA Energy Regional Office having oversight of the contract and receiving locations.

3. For f.o.b. origin truck deliveries:

mailto:usarmy.scott.sddc.mbx.dodx@mail.mil

i. The Contractor shall upload all Bills of Lading (BOLs) at time of shipment transaction using USBank Syncada.

ii. The Contractor shall comply with transportation and routing instructions furnished by the DLA Energy Regional Office.

Such instructions will include carrier names, routes, route order numbers, and other pertinent shipment information. The Contractor shall be responsible for the scheduling of commercial transport trucks to its plant in accordance with such routing instructions and consonant with the applicable order. All charges due to Contractor caused delays at the loading facility, including improper equipment scheduling, will be the responsibility of the Contractor.

iii. Motor Carrier Performance Reporting. The Contractor shall maintain a daily written log of motor carrier performance to include carrier, destination, number of trucks ordered, number of trucks furnished, and deficiencies. On the last business day of each calendar month, the Contractor shall forward a copy of the daily written logs to the DLA Energy Americas office having oversight of the motor carrier contract.

iv. On f.o.b. destination items involving multiple car or truck load shipments, the Contractor shall assign one shipment number for shipments of supplies made on the same day, to the same destination, against the same contract line item.

d) On all tank car shipments, whether delivery is made on an f.o.b. origin or f.o.b. destination basis, the Contractor shall send to the consignee at the time of shipment a prepaid telegraphic notice that shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities.

e) When required by the contract, or requested by the Government, the Contractor shall furnish serially numbered seals and effectively seal all tank cars, transport trucks, trucks and trailers, and tankers and barges (where sea suction and overboard discharge valves are present), whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

f) 1. If Government-owned or leased tank cars are furnished, the Contractor will maintain records showing each day a car is received or forwarded, by car number, and will furnish this information to the DLA Energy Regional Office upon receipt.

2. Bottom outlet gaskets and manway cover gaskets, when required due to deterioration or loss, shall be furnished and applied to tank cars by the Contractor.

3. The Contractor shall (i) inspect empty Government-owned tank cars located on the Contractor's premises and (ii) ship tank cars located on the Contractor's premises to repair facilities as directed by the Government.

g) Placards, as required by 49 CFR 172.506 and 49 CFR 172-508, shall be furnished and affixed to all tank cars and tank trucks by the Contractor unless placards are already affixed.

h) The Contractor shall inspect all shipping conveyances, with the exception of government-furnished tankers and barges, prior to loading to ensure that product loaded will not be lost or contaminated by the condition of the conveyance. (Authorization for the Contractor to participate in the inspection of Government-furnished tankers and barges rests with QAR. The QAR has the right to inspect any Government-furnished conveyance prior to loading and, in the event the Contractor and the QAR disagree on the suitability to load such a conveyance, the determination of the QAR shall govern.) Only qualified Contractor personnel may perform inspections. In the case of tank trucks, Contractor may not delegate inspection responsibility to the operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of qualified Contractor personnel.

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY June 2022)

(a) The Contractor shall make shipments of the supplies ordered hereunder by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.

(b) On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; PROVIDED, however, that the Contractor shall, without additional cost to the Government, arrange marshalling of rail tank cars required for shipments to be made hereunder. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that the Contractor finds unsatisfactory for loading shall be reported as follows:

(1) TANKERS, SHALLOW DRAFT TANKERS, AND BARGES. Report to the Quality Representative (QR).

(2) TANK CARS. Report to the QR.

(3) TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS. Report to the QR.

(c) If the supplies are to be delivered f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant--

(1) The Contractor shall ship the supplies under Government bills of lading, which will be furnished, or arranged for, by the Ordering Officer.

If requested by the Government, the Contractor shall prepare Government bills of lading.

(2) The Contractor shall comply with routing instructions furnished by the Government. Such instructions will include carrier names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailers, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling.

(d) On all tank car and boxcar (carload only) shipments, whether delivery is made on an f.o.b. origin or f.o.b. destination basis, the Contractor shall send to the consignee at the time of shipment a facsimile or electronic mail notice which shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities.

(e) The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, shallow draft tankers, and barges, whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

F52 TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING CONDITIONS (DLA ENERGY

JAN 2012)

On items calling for delivery f.o.b. tanker/ocean-going barge at origin--

(a) DELIVERY DATES.

(1) Unless otherwise specified in the Schedule, orders placed under items of the Schedule calling for delivery f.o.b. tanker/ocean-going barge at Contractor's refinery, terminal, or bulk plant will be furnished to the Contractor at least 20 days in advance of the date on which delivery is to be made, which date is hereinafter referred to as the "scheduled delivery date." Each order will specify the quantity to be delivered, the scheduled delivery date, the cargo number, and, if then available, the name and size of the tanker/ocean-going barge (herein referred to as "vessel") to be loaded.

(2) The scheduled delivery date may be revised by the Ordering Officer at any time and unless the Contractor registers objections with the Ordering Officer within 72 hours of receipt of such revised scheduled delivery date, such revised date shall become the new agreed scheduled delivery date.

At the time the Contractor registers any such objections, the Contractor must provide a date, subsequent to the date proposed by the Ordering Officer, which represents the earliest date the Contractor can provide a berth. The Ordering Officer must confirm or reject the alternate date provided by the Contractor within 72 hours of receipt of the Contractor's objection. If the Ordering Officer chooses to accept the alternate date provided in the Contractor's objections, such revised date shall become the new agreed scheduled delivery date. If the Ordering Officer chooses to reject the alternate date provided by the Contractor, the scheduled delivery date will return to the previous scheduled delivery date.

(3) All communications regarding the establishment and revision of the scheduled delivery date and objections thereto shall be set down in writing at such time or promptly confirmed in writing.

(b) EXPECTED TIME OF ARRIVAL.