AMD_0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE600 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60015R0719

X

2015 SEP 28

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

14 JAN 2016

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUED ON NEXT PAGE

Due to system constraints in Enterprise Business System (EBS), the solicitation issue date in block 9 is incorrect. The correct issue date of the solicitation is October 5, 2015.

PAGE 2 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0719-0004

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name ATTACH.Amendment 0004 Text

Tab 14 Solicitat

PAGE 3 OF 3 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60015R0719-0004

Amendment 0004

A. Solicitation addendum note #38 is hereby added to clarify the small business size standard in block

10 of the Standard Form 1449 (SF 1449) as follows:

38. The small business size standard is 1,500 employees: 125,000 Barrels per Calendar Day (BPCD) throughput and 90% refined by small business.

B. FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) is hereby added as follows:

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.

This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause https://www.acquisition.gov/ requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C. FAR 52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE -

DOMESTIC BULK (NOV 2011) is hereby revised to correct the location where the market price is applicable under column IV, from ‘Rochester’ to ‘New York Harbor’ for East/Gulf/Inland/Offshore JP5/JP8/JAA Platts Jet Kero New York Harbor Barge as follows:

52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE - DOMESTIC BULK (NOV 2011)

(a) Warranties. The Contractor warrants that—

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

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

(b) Definitions. As used throughout this clause, the term—

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

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

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

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

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

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

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

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting

Officer through a weekly price adjustment modification effective each Tuesday.

(4) Failure to deliver. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed 330 percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

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

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

(6) Revision of market price indicator. In the event—

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

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,-the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(d) Conversion factors. If this clause requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the 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 provisions of this clause.

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

(g) TABLE.

I II III IV V

Item No.

Name of Publication

Heading under which market indicator is published and name of product

Location where market price is applicable

Base market price as of June 30, 2015 (excludes all taxes) (see note(s) below)

EAST/GULF/INLAND/

OFFSHORE JP5/JP8/JAA

PLATT’S

OILGRAM

PRICE REPORT

JET KERO 54 COAST

PIPELINE

U.S. GULF $1.706300

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

EAST/GULF/INLAND/

OFFSHORE JP5/JP8/JAA

ARGUS US

PRODUCTS

JET KERO 54

COLONIAL

PIPELINE

HOUSTON $1.700810

The reference price shall be determined as follows: 100% Average of the Low and High Houston - Colonial Pipeline

NOTE: Offers based on the Argus market price indicator will be subject to a positive factor of $0.004509 for evaluation purposes only.

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

EAST/GULF/INLAND/

OFFSHORE JP5/JP8/JAA

PLATT’S

OILGRAM

PRICE REPORT

JET KERO NEW YORK

HARBOR

BARGE

NEW YORK

HARBOR

$1.791600

The reference price shall be determined as follows: 100% Average of the Low and High NYHB

NOTE: Offers based on the NYHB market price indicator will be subject to a positive factor of $0.010312 for evaluation purposes only.

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

EAST/GULF/INLAND/

PLATT’S

OILGRAM

PRICE REPORT

JET KERO GROUP 3

SPOT

MAGELLAN

PIPELINE

$1.695100

The reference price shall be determined as follows: 100% Average of the Low and High Group 3

NOTE: Offers based on the Group 3 market price indicator will be subject to a positive factor of $0.067896 for evaluation purposes only.

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

EAST/GULF/INLAND

PLATT’S

OILGRAM

PRICE REPORT

JET KERO BUCKEYE

PIPELINE

NEW JERSEY

$1.791600

The reference price shall be determined as follows: 100% Average of the Low and High New Jersey – Buckeye Pipeline

Note: Offers based on the New Jersey Buckeye Pipeline market price indicator will be subject to a positive factor of $0.012487 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

EAST/GULF/INLAND

OFFSHORE JP5/JP8/JAA

PLATT’S

OILGRAM

PRICE REPORT

JET KERO 54

WATERBORNE

USGC $1.723800

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

Note: Offers based on the Waterborne USGC market price indicator will be subject to a negative factor of $-0.000964 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

EAST/GULF /

OFFSHORE F76

PLATT’S

OILGRAM

PRICE REPORT

LS DIESEL 500ppm

WATERBORNE

U.S. GULF COAST $1.646200

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

EAST/GULF /

OFFSHORE F76

PLATT’S

OILGRAM

PRICE REPORT

ULSD

PIPELINE

U.S. GULF COAST $1.778200

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

NOTE: Offers based on the ULSD market price indicator will be subject to a positive factor of $0.001266 for evaluation purposes only.

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

EAST/GULF /

OFFSHORE F76

ARGUS US

PRODUCTS

ULS Diesel 61 10 ppm Colonial PIPELINE

HOUSTON $1.774710

The reference price shall be determined as follows: 100% Average of the Low and High Colonial

NOTE: Offers based on the Argus market price indicator will be subject to a positive factor of $0.004613 for evaluation purposes only.

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

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

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

NOTE: The offeror must specify the market price indicator that its price(s) are tied to.

D. C-0003 ENERGY QAP C16.23 FUEL, NAVAL DISTILLATE (F-76) (DLA ENERGY AUG 2015) is deleted in its entirety and replaced by C-0003 ENERGY QAP C16.23 FUEL, NAVAL DISTILLATE (F-76) (DLA ENERGY DEC 2015) as follows:

C-0003 C16.23 FUEL, NAVAL DISTILLATE (F-76) (DLA ENERGY DEC 2015)

a) ENVIRONMENTAL: In delivering supplies and services under this contract, the Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a signatory or with whose terms the receiving activity has otherwise agreed to comply, including but not limited to, the requirements of MARPOL 73/78, Annex VI Regulations 14 & 18. The Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

1) In the event that an International, Federal, State, and / or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement. Product(s) that fails to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

2) Unless otherwise indicated by the Contractor in writing, prior to award, the product offered shall be required to fully meet all applicable specifications. The supplier shall provide to the receiving vessel a “Statutory Sample” of at least 400-mL in volume, taken from the receiving vessel’s inlet bunker manifold, together with a Bunker Delivery Note (BDN). This sample will be sealed and carry a sample tag that provides the documentation required per MARPOL 73/78, Annex VI Regulation 18.

b) SPECIFICATION: Military specification MIL-DTL-16884N applies.

c) SPECIFICATION MODIFICATIONS:

1) Flash Point: All batches of F-76 that are presented for Government acceptance at origin and for shipment through a multiproduct pipeline shall meet a minimum flash point requirement of 62.5 degrees Celsius.

2) Storage Stability: Total insolubles shall be less than 2.0 mg/100ml when ASTM D5304 is used and 1.0 mg/100ml when ASTM D2274 is used.

3) F-76 offered from a location other than where refined (excludes synthesized material as defined in section 3.2.1 of MIL-DTL- 16884N) requires testing for FAME content by test method ASTM D7963, BS EN 14078, or IP 579.

4) In Australia all deliveries of F-76 shall have a minimum Flash Point of 61.5°C at the custody transfer point.

d) MATERIALS: The F-76 supplied under this contract shall not contain un-hydrotreated light cycle oils or contain any stabilizer additives, or any other additive or material not explicitly allowed per section 3.2 of MIL-DTL-16884N.

1) For F-76 containing a synthetic component, the synthetic component shall be certified to Tables A-I and A-II of MIL-DTL-

16884N. It is not necessary to analyze each batch of the synthetic component for compliance with Table A-II once it is demonstrated that the process scheme is adequately controlled and if no significant changes to existing production operations have been made, such as a turnaround event on a refinery unit used to produce the synthetic component or a change in feedstock material. The signed F-76 synthetic component certification page shall be supplied for each shipment which includes synthetic paraffinic materials attesting that no changes to the production process have been made and certifying that the last certificate of analysis, dated and including Table A-II results, is still valid.

e) TRACEABILITY:

1) F-76 fuel supplied under this contract shall maintain traceability with respect to additives and materials, which is defined as the ability to trace the individual batch of fuel back to the original point of manufacture through documentation.

2) For all F-76 supplied, the documentation shall contain a statement attesting to the materials composition, which includes materials derived from non-petroleum sources, additives and their concentration levels.

3) If F-76 is produced by means of blending, the traceability requirement and documentation for additives and materials shall apply to each blending component used from the point of manufacture through the blend operation. Materials composition, additives and their concentration levels shall be included. The requirement and intent of traceability for blend components is not to obtain full certificates of analysis of each individual blend component, but for certification that no unapproved additives or materials are present in blend components used.

4) All traceability documentation shall be sufficient to guarantee that at no point have any unauthorized materials or additives been blended into the final product or any of its associated blend components per section 3.2 Material of MIL-DTL-16884N.

5) The form titled: “F-76 Traceability Signature Page” shall be used to document the above requirements in lines e.1 to e.4. The offeror/supplier shall comply with this requirement utilizing one of the three options below and notification shall be provided to both the contracting office and PQIS@dla.mil during the pre-award phase which option was chosen for compliance. Documents mailto:PQIS@dla.mil provided in conjunction with individual shipments shall be uploaded into Wide Area Work Flow as attachments under the quality tab.

i) The signed traceability signature page shall be provided by the supplier for each shipment. In addition, as part of the offer submission package, the offeror shall provide the signed traceability signature page and if the offeror is not the refiner of the product, the offeror shall provide the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

ii) The signed traceability signature page shall be provided by the supplier for each shipment. In addition, as part of the offer submission package, the offeror shall provide the signed traceability signature page. If the offeror is not the refiner of the product, upon award and prior to the first shipment, the offeror shall provide to the contracting office and PQIS@dla.mil the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

iii) As part of the offer submission package, the offeror shall provide the signed traceability signature page. Subsequently, for each shipment, signed traceability signature page shall be provided by the supplier and if the offeror is not the refiner of the product, the offeror shall provide the signed traceability signature page from each entity in the supply chain providing and/or handling F-76 product and/or blending components all the way back to the point of manufacture.

6) If at any point during the contract period the traceability information provided under option i or ii becomes invalid (i.e. the supply chain is altered or the source of F-76 product or a blending component changes), the supplier shall notify both the contracting office and PQIS@dla.mil and updated documentation shall be provided.

f) ADDITIVES:

1) The following lubricity additives are permitted with the corresponding concentrations when the total sulfur of the product is less than 500 ppm. Lubricity additives not listed below may only be used with prior approval of additive and dosage by the procuring activity and user. Non mono-acid lubricity improvers are preferred.

Innospec Octamar LI5 200 ppm max Nalco EC 5711A 200 ppm max Lubrizol 539D 200 ppm max Baker Petrolite Tolad 9112 200 ppm max Total PC-32 200 ppm max Infineum R650 200 ppm max Infineum R655 150 ppm max

2) Dyes And Markers - Red dye required in off-highway diesel fuel in accordance with 40 CFR Part 80 as modified by the Environmental Protection Agency's interim final rule published in the Federal Register dated July 14, 1994 shall not be added to F-76. The finished product shall show no visual evidence of red dye. This F-76 product is for military, off-highway use only and must be segregated at all times from any diesel fuel used on-highway. NOTE: Red dye does not apply to Atlantic/Europe/Mediterranean or Western Pacific Overseas Bulk purchase programs unless offering refinery is located in the United States or one of its possessions.

g) BATCH SAMPLING: The Contractor shall provide one 20 mL sample per each individual tank in a procurement batch. The sample from each tank/batch shall be either an all-level sample or a composite of upper, middle, and lower samples. A copy of the full-specification test report shall accompany each sample. The sample container will be any 20 mL amber borosilicate vial with a polytetrafluoroethylene (PTFE) lined screw cap. A tracking number for the samples shall be provided to: Robert Morris at Robert.morris@nrl.navy.mil or (202) 767-3845. Samples shall be shipped to:

US Naval Research Laboratory ATTN: Robert Morris, Code 6181 F76 Component Analysis Library Project 4555 Overlook Ave., S.W.

Washington D.C. 20375-5320

The paperwork provided with these samples shall include the following information:

Contract Number Contractor’s Name Product Refinery Location Quantity of Tank/Batch

For samples containing synthetic components, include the following additional information:

Manufacturer of synthetic component Batch Number Date of Test Report Quantity of Tank/Batch Percent Composition Production Process of Synthetic Component Feedstock mailto:PQIS@dla.mil mailto:PQIS@dla.mil mailto:Robert.morris@nrl.navy.mil

F-76 Traceability Signature Page Contract or Solicitation Number:

CLIN:

Order Number:

Shipment Number:

F-76 fuel supplied under the above contract, CLIN, order number and shipment number maintains traceability with respect the materials composition, additives and their concentration levels. This signed statement certifies that at no point have any unauthorized un-hydrotreated light cycle oils, other unauthorized materials, or additives been blended into the final product or any of its associated blend components per the most recent revision of MIL-DTL-16884 at date of contract award. All materials and additives are listed below. The percentage of each material as defined in section 3.2 and 3.2.1 (i.e. refined hydrocarbon distillate fuel, Fischer-Tropsch, Hydroprocessed Renewable Diesel, etc.) and the concentration level for each additive are also shown. For the purposes of the offeror submission this signed statement attests that no unapproved additives or materials will be added to batches or components of batches of F-76 for delivery under government contracts.

Signature:

Printed Name:

Title:

Company Name:

Date:

Material Percent

Additive Concentration Responsible Party for Injection

F-76 Synthetic Component Certification Contract or Solicitation Number:

CLIN:

Order Number:

Shipment Number:

Synthetic paraffinic materials supplied as indicated with the above contract, CLIN, order number, and shipment number is derived from either Fischer-Tropsch (FT) or Hydroprocessed Renewable Diesel (HRD) methods. This signed statement certifies that since the last certificate of analysis (COA), including table A-II results of MIL-DTL-16884N, Appendix A, no changes, including feedstock material, production location, or production processes have been made. In addition, no turnaround events have been executed on any units utilized to produce the synthetic paraffinic materials since the last COA, including table A-II, properties were tested. Please supply the date of the most recent COA and an identifying number for that report in the space provided below.

DATE OF COA: ____________________________________

LAB REPORT ID NUMBER__________________________

Signature:

Printed Name:

Title:

Company Name:

Date:

E. Except as provided herein, all other term and conditions remain in full force and effect.