Solicitation_SPE600-16-R-0221_COG_8.pdf

COG 8 POSTS, CAMPS AND STATIONS (PC&S) RFP# SPE600-16-R-0221

INFORMATION TO OFFERORS

OR QUOTERS

COVER SHEET

SOLICITATION: SPE600-16-R-0221, COG 8 (3.28) PC&S PROGRAM

THE ENCLOSED SOLICITATION COVERS THE PERIOD: July 1, 2016 THROUGH: June 30, 2020

ISSUING OFFICE:

DLA Energy FEPDB 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

DISTILLATES AND RESIDUALS FOR DEPARTMENT OF DEFENSE AND FEDERAL CIVILIAN

AGENCIES IN THE STATES OF OREGON, WASHINGTON, IDAHO, AND MONTANA.

POINTS OF CONTACT FOR INFORMATION:

KARI ARCHER PAMELA BARBER

(703) 767-7366 (703)767-8481

KARI.ARCHER@DLA.MIL PAMELA.BARBER@DLA.MIL

WEB ADDRESS: http://www.energy.dla.mil

ADDITIONAL INFORMATION:

SEE ATTACHED PAGES

SPECIAL INSTRUCTIONS

A. Solicitation Number SPE600-16-R-0221 is issued as a Request for Proposal (RFP).

B. This acquisition has not been set-aside for small businesses and is issued under Full and Open

Competition. The NAICS code is 324110 and the size standard is 1,500 employees and no more than 125,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity.

C. The description, quantities, locations, delivery hours, equipment, etc. required for this solicitation are listed under Solicitation Provision B-0001 - B1.01 SUPPLIES TO BE

FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012).

D. CLOSING DATE: April 25, 2016 3:00PM, EASTERN TIME.

E. PROPOSAL SUBMISSION:

1. Offer Prices shall be submitted through the Post Camps and Stations (PC&S) Offer Entry Tool (OET).

PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

Please use the attached instruction titled, “AMPS Snapshot: User Registration-External Users,” to obtain an AMPS account if you do not already have one.

Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

You will be able to request access to OET through AMPS. Please refer to the attachment titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions titled, “PC&S OET Vendor Guide.”

If you experience trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

In the event that OET is not working properly, offer prices may be submitted via email to Kari.Archer@dla by completing Attachment G, Price Data Sheets.

2. All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to Kari Archer at Kari.Archer@dla.mil.

F. LATE OFFERS: Please note that offers must be received by, April 25, 2016 3:00PM, Eastern Time. Any offer received after 3:00 PM will be considered “late” and may not be further considered. Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015) regarding late offers.

G. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, “Lowest Price Technically Acceptable Source Selection Process,” and award contract(s) without discussions, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, offerors are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award contract(s) after conducting discussions with offerors whose proposals have been determined to be within the competitive range.

H. CONTRACT TYPE: This is a four (4) year long-term solicitation for gasoline, gasohol, distillate fuels, and biodiesel (B20). Contracts awarded as a result of this solicitation will be

REQUIREMENTS TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE

ADJUSTMENTS. Please refer to FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and

FAR 52.216-21 REQUIREMENTS (OCT 1995).

F. EVALUATION:

Proposals will be evaluated pursuant to FAR 52.212-2, "Evaluation – Commercial Items," and FAR 15.101-2, "Lowest Price Technically Acceptable Source Selection Process." In order to be considered for award, an offeror must meet or exceed technical acceptability standards for the following non-price factor: Supplies; Terms and Conditions.

Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate, and complete.

FAR 52.212-2 "Evaluation -- Commercial Items" The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factors shall be used to evaluate offers:

PRICE

SUPPLIES; TERMS AND CONDITIONS

In order to be considered for award, an offeror must meet or exceed the technical acceptability standards for Supplies; Terms and Conditions as follows:

1. Acceptable Supplies; Terms and Conditions shall be defined as an offer that meets the minimum requirements of the Solicitation, including the Government’s product specification requirements and delivery requirements.

2. Unacceptable Supplies; Terms and Conditions shall be defined as an offer that does not meet the minimum requirements of the solicitation.

G. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE:

Refer to DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT PETROLEUM PRODUCT PRICE, POST CAMP & STATION (PC&S) (NOV 2011). The fill-in for DLAD 52.216-9072(c)(4) is 575%. Refer to B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012) for E85 product. In accordance with this clause, the contractor must propose a basis for price escalation with its offer. If the basis for price escalation proposed by the contractor is determined acceptable by DLA Energy, the contractor’s offer will be evaluated in accordance with Clause M3.01, EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA

Energy JAN 1998). The base reference date for this solicitation is March 1, 2016. Contract prices will escalate daily based upon updated prices as referenced in the prescribed escalation publications. Please note that price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices on the DLA Energy homepage at http.www.energy.dla.mil.

H. OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non-oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Provision C16.69-1

GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY NOV

2015) for oxygenate requirements.

I. BIODIESEL CERTIFICATIONS: In accordance with Provision C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors are required to submit a copy of its B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer.

J. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through June 30, 2020. Quantities stated in the SCHEDULE represent the government’s best estimates covering a four (4) year requirement.

K. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to the addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERERCIAL ITEMS (OCT 2015) paragraph (c), Offerors agree to honor prices stated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

L. TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following provisions:

I-0005 I28.01 FEDERAL,STATE, AND LOCAL TAXES (DEVIATION)

I-0006

I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED

FROM CONTRACT PRICE

I-0007 I28.03-2 TAX EXEMPTION CERTIFICATES

Note: Offerors are responsible for ensuring ALL applicable taxes and fees are included in or excluded from their offer price, as appropriate. Specifically, offerors shall:

INCLUDE any Federal Excise Taxes (FET) in your offer prices, (however, if awarded a contract, the FET may need to be listed as a separate line item on the Contractor’s invoice).

INCLUDE the Federal Oil Spill Liability Trust Fund Fee, the Federal Leaking Underground Storage Tank (LUST) Fee, State and Local environmental, oil spill taxes, and inspection fees in your offer prices, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. To view the Compilation of Federal and State Fuel Taxes current through February 24, 2016, visit:

http://www.dla.mil/Energy/Business/TaxAndExemption.aspx

The tax table provided on the DLA Energy website is a guide and does not relinquish offerors from knowing the applicable taxes in their states of operation. The offeror is responsible for confirming the applicability of taxes and tax rates with the state or local tax authority in question. Offer prices shall be expressed as a unit price ($) per U.S. gallon.

M. SITE VISITS: You are directed to Provision L-0003, L54, SITE VISIT, please note that it is the responsibility of the Offeror to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. DLA Energy encourages all potential Offerors to call or visit the sites in which they intend to submit an offer.

N. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (NOV 2015) with Alternate I, applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM) system. SAM is an official U.S.

Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828

O. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code.”

P. DUNS NUMBER: Insert your company’s Data Universal Numbering System (DUNS) number within Block 17a of the SF 1449.

Q. NOTICE: Any contract awarded to a contractor who at the time of award was suspended, debarred, or ineligible for receipt of contracts with the government or is in receipt of a proposed debarment from any government agency is voidable at the option of the government.

R. ACKNOWLEDGEMENT OF AMENDMENTS: Offerors must acknowledge receipt of any amendments issued to this solicitation. Offerors must acknowledge amendments by completing Block 8 of the SF 30 and signing and returning one (1) copy of the amendment with its offer.

S. SMALL BUSINESS: Please direct any questions regarding Small Businesses, Small

Disadvantage Businesses, HUB Zone Small Businesses, etc. to:

Gregory Thevenin Garrell Armstrong Director, Office of Small Business Programs Procurement Analyst, Small Business Office

(703) 767-9465 (703)767-8530 Gregory.Thevenin@dla.mil garrell.armstrong@dla.mil

T. CREDIT CARD PAYMENT: Offerors must include ANY costs associated with credit card payments within their offer prices.

U. NOTIFICATION OF SUPPLIER AND TRANSPORTATION AGREEMENTS:

Offerors shall furnish copies its supplier and transportation agreements with its offer.

V. CERTIFICATES OF ANALYSIS: Offerors shall furnish copies of certificates of analysis for all proposed products with its offer.

W. SUBCONTRACTING PLAN REQUIREMENT: In accordance with FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015), large businesses shall submit a subcontracting plan with its offer. For additional information regarding submitting and/or administering the Subcontracting Plan, please contact Garrell Armstrong at (703) 767- 8530, or via email, at Garrell.Armstrong@dla.mil

X. POINTS OF CONTACT:

Emergency Situations after Duty Hours:

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Solicitation SPE600-16-R-0221:

Contract Specialist: Kari Archer Phone: (703) 767-7366 Email: Kari.Archer@dla.mil

Contracting Officer: Pamela Barber Phone: (703) 767-8481 Email: Pamela.Barber@dla.mil

SUMMARY OF OFFER REQUIREMENTS:

1. To be valid, all offerors submitting proposals under the subject solicitation must be registered in the following systems:

a. System for Award Management (SAM) at https://www.sam.gov, b . Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

c. DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE

DATE AND TIME.

2. Offer prices must be submitted through the PC&S OET web tool. See Note E herein for information on how to gain access to the PC&S OET web tool.

3. The remainder of the offer, to include the OSP and all of the documents listed below must be emailed to Kari.Archer@dla.mil by the offer submission due date and time.

a. All offers must comply with the instructions in FAR 52.212-1(b), which requires that offers include:

(1) The solicitation number,

(2) The time specified in the solicitation for receipt of offers,

(3) The name, address, and telephone number of the offeror,

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary,

(5) Terms of any express warranty,

(6) Price and any discount terms,

(7) “Remit to” address, if different than mailing address,

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically),

(9) Return a signed copy of all solicitation amendments; and

(10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation on Company Letterhead and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(11) To be valid all offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SP0600-16-

R-0221 confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE600-16-R-0221.

b. All Offerors are required to furnish copies of their supplier and transportation agreements with the offer.

c. In accordance with Provision C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors are required to submit a copy of their B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer.

d. Offerors shall provide a copy of their SAM registration with their offer.

e. In accordance with FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015), offerors that are large businesses shall submit a subcontracting plan with their offer.

f. Offerors shall furnish copies of certificates of analysis for all proposed products with the offer.

g. Offerors shall submit a signed Standard Form (SF) 1449, “Solicitation/Contract/Order for Commercial Items,” provided herein.

h. Offerors shall submit completed copies of all fillable clauses provided herein.

i. Offerors shall provide pricing via the Post Camps & Stations (PC&S) Offer Entry Tool (OET). See the section titled “Special Instructions” within the solicitation for additional information on the PC&S OET system. In accordance with the Special Instructions provided in the solicitation, offer prices must be submitted via PC&S OET.

Offerors may only submit the Price Data Sheets provided under Attachment G in the event that PC&S OET is not working properly.

j. Offerors shall review all offer prices submitted via PC&S OET. Offers must show as price per gallon (e.g. $0.000000), not price differentials.

k. Offerors shall review their offers for accuracy prior to submission. Initial all changes and sign and date the SF 1449 in ink.

l. Electronic Proposals shall be submitted in accordance with Solicitation Provision L0002, L2.11-4 E-MAIL PROPOSALS (DLA Energy OCT 2010). Submit proposals via email to: Kari.Archer@dla.mil

m. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation, and accepts that these terms and conditions are applicable to the offer unless exceptions are clearly stated within the offer.

SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

62562636

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NUMBER

5. SOLICITATION NUMBER

SPE600-16-R-0221

6. SOLICITATION ISSUE DATE

March 25, 2016

7. FOR SOLICITATION

INFORMATION CALL:

Kari Archer (703)767-7366

a. NAME

Kari Archer, Kari.Archer@dla.mil Pamela Barber, Pamela.Barber@dla.mil

b. TELEPHONE NUMBER (no collect calls)

Phone: (703) 767-7366

(703) 767-8481

8. OFFER DUE DATE/LOCAL TIME:

April 25, 2016 3:00 PM

Eastern Time

9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12.DISCOUNT

TERMS

Defense Energy Support Center 8725 John J. Kingman Road, Suite 4950

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

Fort Belvoir, VA 22060-6222 Buyer/Symbol: Kari Archer/DLA Energy-FEPDB

8(A) 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Phone: (703)767-7366 NAICS: 324110 Size Standard: 1,500

13b. RATING

Email: Kari.Archer@dla.mil

PP: 3.28 RFQ IFB RFP

15. DELIVER TO CODE 16 . ADMINISTERED BY CODE

SEE SCHEDULE SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. FAX NO:

SEE CLAUSE: G-0003- G150.06

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(See Schedule)

25. ACCOUNTING AND APPROPRIATION DATA: To be cited on each Delivery Order

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5. ADDENDA ARE ARE NOT ATTACHED. *SCHEDULE OF

SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

[ ]29. AWARD OF CONTRACT: REFERENCE _____________ OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS . SEE AWARD SHEET

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

PAMELA BARBER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

COG 8 POSTS, CAMPS AND STATIONS (PC&S) RFP# SPE600-16-R-0221 221

INDEX

CLAUSE PAGE NUMBER

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

DLAD 52.216-9072

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMP & STATION

(PC&S) (NOV 2011)

B-0001 B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 16

B-0002

B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY

JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 ENERGY QAP C1 SPECIFICATIONS (DLA ENERGY JAN 2012) 19

C-0002 ENERGY QAP C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014) 19

C-0003 ENERGY QAP C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY AUG 2014) 19

C-0004 ENERGY QAP C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) 20

C-0005 ENERGY QAP C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014) 20

C-0006 ENERGY QAP C16.18-1 FUEL OIL, DIESEL Grade No. 1-D S5000 (DLA ENERGY AUG 2014) 20

C-0007 ENERGY QAP C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS

(BUNKERS) (DLA ENERGY AUG 2015)

C-0008 ENERGY QAP C16.27 FUEL, BIODISEL (B20) (DLA ENERGY OCT 2014) 22

C-0009 ENERGY QAP C16.38-2 Fuel Oil, Burner No. 2 S5000 (DLA ENERGY AUG 2014) 22

C-0010 ENERGY QAP C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

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

C-0011 ENERGY QAP C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA

ENERGY NOV 2015)

C-0012 ENERGY QAP C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S)

(DLA ENERGY NOV 2015)

C-0013 ENERGY QAP C16.69-4 FUEL SPECIFICATIONS, KEROSENE (KS1) (PC&S) (DLA ENERGY JAN 2015)

C-0014 ENERGY QAP C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014) 27

C-0015 ENERGY QAP C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY SEPT 2014) 28

C-0016 ENERGY QAP C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014) 28

C-0017 ENERGY QAP C16.69-13 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014) 29

C-0018 ENERGY QAP C16.69-14 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY SEPT 2014) 30

C-0019 ENERGY QAP C16.69-15 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY SEPT 2014) 31

C-0020 ENERGY QAP C16.69-17 FUEL OIL, BURNER SPECIFICATION (PC&S) (DLA ENERGY SEPT 2014) 31

SECTION E: INSPECTION AND ACCEPTANCE

CLAUSE NO. CLAUSE TITLE

PAGE

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

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

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) 32

E-0001 ENERGY QAP E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) 32

E-0002 ENERGY QAP E4 INSPECTION (DLA ENERGY DEC 2011) 41

E-0003 ENERGY QAP E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 41

E-0004

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY JUL 2013)

E-0005 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY FEB 2011) 44

E-0006

ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY

DEC 2011)

*IBR=Incorporated by Reference

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITIY (APR 1984) 45

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

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

TANK WAGONS (DLA ENERGY JAN 2012) 45

F-0002 F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 46

F-0003 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APRL 2014) 49

F-0004

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(PC&S) (DLA ENERGY AUG 2005)

OSP

F-0005

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (DOMESTIC PC&S) (DLA

ENERGY APR 2005)

OSP

F-0006 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 49

F-0007 F16 BARGE UNLOADING CONDITIONS (DLA ENERGY JAN 2012) OSP

F-0008 F20 AUTOMATIC FILL-UP PROVISIONS (DLA ENERGY JAN 2012) 49

F-0009 F20.02 AUTOMATIC FILL-UP (PORTS INTERNET APPLICATION) (DLA ENERGY JAN 2012) 50

F-0010

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION

FUELS (DLA ENERGY OCT 1992)

**OSP=Offeror Submission Package

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JULY 2013) OSP

FAR 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT,

(JULY 2013)

IBR

CLAUSE NO. CLAUSE TITLE PAGE

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) IBR

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 50

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 51

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) OSP

G-0003

G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN

2012)

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984)

IBR

FAR 52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

IBR

FAR 52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

IBR

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

IBR

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 54

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015) 55

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2016)

FA R 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) IBR

FAR 52.216-18 ORDERING - (OCT 1995) 65

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 65

FAR 52.219-4

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(OCT 2014)

OSP

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015)

IBR

FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

IBR

FAR 52.222-26 EQUAL OPPORTUNITY (APR 2015) IBR

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) IBR

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY 2011)

IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

IBR

FAR 52-227-1 AUTHORIZATION AND CONSENT (DEC 2007)

IBR

FAR 52.232-17 INTEREST (MAY 2014)

IBR

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) IBR

CLAUSE NO. CLAUSE TITLE PAGE

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

FAR 52.247-16

CONTRACTOR RESPONSIBILITY FOR RETURNING UNDELIVERED FRIEGHT

(APR 1984)

IBR

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

IBR

DFARS 252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTRPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS COMCERNS (SEP 2004)

IBR

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 65

DLAD 52.233-9001 DISPUTES AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) 66

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 66

I-0002

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(DLA ENERGY JAN 2012)

I-0003 I2.03 CHANGES-FIXED PRICE (DEVIATION) (DLA ENERGY JAN 2012) 67

I-0004

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

(DLA ENERGY FEB 1996)

I-0005 I28.01 FEDERAL, STATE AND LOCAL TAXES (DEVIATION) (DLA ENERGY NOV 2011) 68

I-0006 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL 2006) 69

I-0007 I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006) 69

I-0008 I86.03 DELIVERY ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 70

I-0009 I174.05 MANUFACTURING AND FILLING POINTS (HUBZONE) (DLA ENERGY MAR 1999) 70

I-0010

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY

FEB 2009)

I-0011 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006) 71

I-0012 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 71

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

IBR

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL 2013) 71

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) IBR

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) OSP

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

FAR 52.212-3 ALT I OFFEROR REPRESENTATIONS AND CERTIFICATIONS— COMMERCIAL ITEMS (ALT I)(NOV

2015 OSP

DFARS 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) IBR

K-0001

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(CONT’D) (DLA ENERGY FEB 2009)

OSP

K-0002 K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) OSP

K-0003 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) IBR

K-0004

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) OSP

K-0005 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 73

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52-212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015) OSP

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

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) IBR

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 73

FAR 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN OFFERS (APR 1984) IBR

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011) 73

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) 73

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD ((DLA ENERGY NOV 1991) 73

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 74

L-0003 L54 SITE VISIT (DLA ENERGY OCT 1992) 74

L-0004

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY

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

OSP

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 74

DLAD 52.215-9023 REVERSE AUCTION (OCT 2013) 75

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

ENERGY JAN 1998)

M-0002

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] LINE ITEM NARRATIVES/SCHEDULE B ATTACHMENT A

[X] BASE REFERENCE PRICES ATTACHMENT B

[X] AMPS SNAPSHOT: USER REGISTRATION-EXTERNAL USERS ATTACHMENT C

[X] REQUESTING THE OET VENDOR ROLE IN AMPS ATTACHMENT D

[X] PCS OET VENDOR GUIDE ATTACHMENT E

[X] OFFEROR SUBMISSION PACKAGE ATTACHMENT F

[X] PRICE DATA SHEET ATTACHMENT G

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMPS & STATIONS

(PC&S) (NOV 2011)

(a) Warranties: The Contractor warrants that—

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

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

(b) Definitions: As used throughout this clause, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on March 1, 2016. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(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 all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this clause.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil Price Information Service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market condition--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price 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.

(3) 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.

(4) 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 575% percent (%) of the of the base price in any applicable program year, except as provided below.

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 the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

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

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(e) 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.

(f) Publications. The following publication(s) are used: See attachment B for a list of all publications and base reference prices.

B-0001, B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

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

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

B-0002, B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012)

( a ) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract provision.

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

(3) Award price means the unit price accepted by the Government for the item of supply identified by the item number.

(4) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract provision. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract provision. The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

(5) Adjusting market price means the market price in effect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(6) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date the product is received on a truck-by-truck basis.

(b) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

COG 8 POSTS, CAMPS AND STATIONS (PC&S) RFP# SP0600-16-R-0221

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

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 575% percent of the award price in any applicable program year (whether it is a single year or a 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 conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the base market price would raise an award 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.

(c) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting

Officer determines that the market price indicator consistently and substantially failed 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) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract provision.

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

(f) MARKET INDICATOR TABLE.

I II III

If company -

IV V

name of product;

If publication - Base market heading under price as of

Name of which market Location where _8/26/2015 company/ price is published market price base market date) Item no. publication and name of product is applicable excludes all taxes)

SEE ATTACHMENT B “ESCALATORS FOR SOLICITATION SPE600-16-R-XXXX”

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001, ENERGY QAP C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

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

C-0002, ENERGY QAP C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

Unless otherwise specified,…