Solicitation_Final.pdf

SP0600-16-R-0226 Page 1 of 68

SF Form 1449 - ADDITIONAL INFORMATION CONTINUED

This is a combined synopsis/solicitation for commercial petroleum fuel products (delivered directly to site by indicated means per Attachment I, Schedule of Supplies) items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested.

This solicitation (SP0600-16-R-0226) is issued as an invitation for a request for proposal (RFP).

This solicitation incorporates provisions & clauses in effect through FAR circular are FAC 2005-89 Effective 15 Aug 2016; DFARS: DPN 2016 0811 Effective 11 Aug 2016 Edition DLAD current to DLAD Rev.

5 & Proc. Ltr. 2016-08 and DEPI Apr 2016 up to CI 16-16 26 Jul 2016.

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.

Contracts resulting from this solicitation will be Requirements-Type, Fixed Price with Economic Price Adjustment contracts for a five (5) year period. Ordering Officers will execute orders off of resulting contracts, unless the schedule specifies otherwise, within the following parameters: Ordering period begins: 1 January 2017 and ends: 31 December 2021.

All responsible sources are invited to submit. DLA Energy anticipates awarding without discussions based on initial offers submitted but reserves the right to conduct negotiations with Offerors submitting proposals under the subject solicitation (SP0600-16-R-0226).

Offerors are reminded that they must complete and submit or acknowledge (as applicable) the following documents either contained in the attached Solicitation or as an Attachment:

1. Standard Form 1449

2. G9.06 & G9.07-5

3. FAR 52.212-3 Offeror Representations and Certifications

4. K-0002 K33.01 Authorized Negotiators

5. L-0004 L117 Notification of Transportation Company To Be Utilized In the Delivery of Product (PC&S)

6. Attachment I Schedule of Supplies

7. Attachment II Price Data Sheet

8. Attachment III Price History Instructions/Worksheet for Uncommon Escalators

9. Subcontracting plan (if applicable)

10. Any exceptions to terms and conditions

THE BASE REFERENCE DATE for all products/line items is April 14, 2016 (see B-0002 B19.02 Economic Price Adjustment (Overseas).

If an exception to posting identified within B-0002 B19.02 Economic Price Adjustment (Overseas) ALL Offerors shall ensure that their initial proposals are based on the company posting in effect on April 14, 2016. Offerors proposing to use company postings are required to complete the Posting History Worksheet (Attachment III) for each product being offered in accordance with M3.01 EVALUATION OF

OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA ENERGY JAN 1998).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P297_49561

SP0600-16-R-0226 Page 2 of 68

Note that there is a period established for questions to be submitted (See page 3 of solicitation)

After contract award, DLA ENERGY will provide updated contract prices under "Prices to Web " on the DLA ENERGY homepage at http://www.dla.mil/Energy/Business/PricesToWeb.aspx. Additional requirements may be added to the solicitation by Amendment.

Offers are due NLT than 2:00PM EST Fort Belvoir, VA local time Tuesday, September 27, 2016 Contact DLAEnergyPEC@dla.mil or contract specialist Zulma L Irizarry 703-767-8251 for information regarding the solicitation. If you are unable to access the solicitation via the Internet, please contact DLA Energy- PEC for a printed copy. For all Small Business issues please call 703-767-9465 or email desc.duoffice@dla.mil .

a. Offerors are advised to complete and submit one copy of all forms contained in the Solicitation IAW L- 0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010). Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state "N/A - Not Applicable.") Offer must be signed by an authorized negotiator – see K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Solicitation. Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this Solicitation. FAR Clause 52.212-5 lists out all clauses incorporated by reference (IBR). Please be advised that offerors are responsible for complying with the referenced clauses as if they appeared in full text. Please read in its entirety FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS.

b. CLARIFICATION: Any reference to DAY(S) within the solicitation should be considered BUSINESS

DAY(s) (Monday through Friday). Hours of operation listed in the schedule (Attachment I) are for Philippines’ time zone, any other reference to hours/time, unless otherwise stated, within the solicitation will be for local time. Any reference to Holidays should be considered U.S. Holidays unless otherwise noted as Philippian Holidays. Any reference to BIMONTHLY should be considered twice a month, unless otherwise noted. All quantities listed on the schedule (Attachment I) are estimates.

c. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, is voidable at the option of the Government.

d. A pre-award survey, if applicable, is required if the current pre-award survey on the offeror is expired or if the offeror has not performed under a DLA Energy contract, or at the discretion of the Contracting Officer. The pre-award survey must be approved to be considered for award. A pre-award survey is an onsite (in the physical location of the offeror) review of the offeror’s capabilities as it relates to the issued solicitation. The goal of this onsite review is to ensure that the capabilities exist to support the requirement the offeror offered against; mitigating risk of non-performance due to lack of capability. If an offeror does not pass a pre-award survey it shall reflect negatively against the offerors responsibility determination.

e. EVALAUATION: Reference FAR 52.212-1(e) ADDENDUM-for this solicitation, only one offer per

CLIN will be evaluated.

f. For emergency situations during non-duty hours 5:00pm thru 5:00am (Eastern Standard Time), the number to contact is (703) 767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy - DL).

http://www.dla.mil/Energy/Business/PricesToWeb.aspx mailto:DLAEnergyPEC@dla.mil mailto:desc.duoffice@dla.mil

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g. B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) - Initial offer price and base reference price date is April 14, 2016 for Philippines. The final proposal revision reference price effective date will be the same as the reference price established for initial offers.

h. G-0003 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012) – Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors are advised to verify their Financial Institution is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their Financial Institution prior to submission of the first invoice.

i. Pursuant to L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010), offers submitted via e-mail must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures. E-Mail address in which to submit offers is:

DLAEnergyPEC@dla.mil.

j. QUESTION AND ANSWER PERIOD. To encourage maximum participation on ALL line items (Attachment I) a question and answer period has been established. Starting from the issue date of this solicitation to September 13, 2016 2:00p.m. Eastern Standard Time (EST), Fort Belvoir, VA local time all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment I). No further questions will be received after the above stated date and time. All questions should be sent to DLAEnergyPEC@dla.mil.

Answers from the questions received by the established period above will be consolidated and answered via an official amendment to the solicitation, if applicable.

Intentionally Left Blank

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SF FORM 1449 - ADDITIONAL INFORMATION CONTINUED 1

PART I-THE SCHEDULE 7

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS 7

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) 7

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) 8

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 10

C-0001 C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY AUG 2015) 10

C-0002 C16.09-5 TURBINE FUEL, AVIATION (F34) WITH OR WITHOUT FUEL SYSTEM ICING INHIBITOR (FSII), CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI), AND STATIC DISSIPATER ADDITIVE (SDA) (DLA

ENERGY NOV 2015) 11

C-0003 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY FEB 2016) 12

C-0004 C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY NOV 2015) 13

SECTION D- PACKAGING AND MARKINGS 14

SECTION E- INSPECTION AND ACCEPTANCE 14

E-0001 E18.01 SAMPLE SUBMISSION (QAP AUG 2009) 14

E-0002 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013) 14

E-0003 E35 NONCONFORMING SUPPLIES AND SERVICES (QAP DEC 2011) 15

E-0004 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (QAP DEC 2011) 16

SECTION F- DELIVERIES OR PERFORMANCE 17

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

WAGONS (DLA ENERGY JAN 2012) 17

F-0002 F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012) 18

F-0003 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 21

F-0004 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005) 21

F-0005 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 23

F-0006 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 23

SECTION G -CONTRACT ADMINISTRATION DATA 23

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 24

SP0600-16-R-0226 Page 5 of 68 G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) 24

G-0003 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012) 25

G-0004 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012) 26

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 29

SECTION H SPECIAL CONTRACT REQUIREMENTS 31

PART II-CONTRACT CLAUSES 31

SECTION I CONTRACT CLAUSES 31

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 32

FAR 52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 32

FAR 52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 33

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 34

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 35

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2016) 35

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 41

FAR 52.216-18 – ORDERING (OCT 1995) 41

FAR 52.216-19 -- ORDER LIMITATIONS (OCT 1995) 41

FAR 52.216-21 -- REQUIREMENTS (OCT 1995) 42

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 42

PART III-LIST OF DOCUMENTS, EXHIBITS. AND OTHER ATTACHMENTS 43

SECTION J - LIST OF ATTACHMENTS 43

PART IV REPRESENTATIONS AND CERTIFICATIONS 43

SECTION K- REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS 43

FAR 52.209-5 -- CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 43

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 45

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 2015) 46

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 59

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K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 59

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 60

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY

2014) 61

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS 61

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 61

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 61

L-0003 L54 SITE VISIT (DLA ENERGY OCT 1992) 62

L-0004 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT

(PC&S) (DLA ENERGY JAN 2012) 62

SECTION M - EVALUATION FACTORS FOR AWARD 64

FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 64

M-0001 M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA ENERGY JAN 1998) 65

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 66

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 67

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Part I-The Schedule

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

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

ENERGY JAN 2012)

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

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

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as _5_-year requirements. Period of performance is 01 January 2017 through 31 December 2021.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY 5-YEAR ESTIMATED QUANTITY

See Attachment I* Gasoline Automotive Premium UNLD Product Code: MUP 12,757 USG

NSN: 9130-00-148-7104

Specification: ASTM-D-4814

See Attachment I* Jet Fuel, Aviation Product Code: JA1 1,211,245 USG

NSN: 9130-00-753-5026

Specification: ASTM-D-1655

See Attachment I* Diesel Fuel #2, Product Code: DF2 2,327,174 USG

NSN: 9140-00-286-5294

Specification: ASTM-D-975

* Specifications stated are applicable to Contract Line Item Number (CLIN) nomenclature indicated herein

SP0600-16-R-0226 Page 8 of 68

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

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [X] (i) The low price published in _See table below located in (k)_.

(name of publication)

[ ] (ii) The average of the prices published in (name of publication)

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

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

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

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

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

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

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

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

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed __575%____ percent of the award price, except as provided hereafter:

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

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

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

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

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

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

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions—the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and http://www.desc.dla.mil/

SP0600-16-R-0226 Page 10 of 68 substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

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

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

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

(k) TABLE. The Base Reference Price (BRP) date is April 14, 2016 and the publication and BRPs to be used when submitting offers (unless using uncommon escalators- see M-0001 for instructions) are as follows:

Product Publication Price Per U.S. Gallon

Gasoline, Automotive, Prem UNLD

Platts Singapore Cargo, MOGAS 97 UNL Spore Cargo under the heading “Platts Gasoline Unl 97 FOB Spore Cargo” Platts Code: #PGAMS00

$1.373810

Diesel Fuel

DF2

Platts Gasoil FOB Spore Cargo Platts Code: #POABC00 $1.159286

Jet Fuel Aviation JA1

Platts Jet kero FOB Spore Cargo Platts Code: #PJABF00 $1.195714

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY AUG 2015)

Aviation turbine fuel shall conform to the requirements of the most recent version of ASTM D1655: Standard Specification for Aviation Turbine Fuels with the following modifications:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE

DLA ENERGY PRODUCT

CODE

9130-00-753-5026 Turbine Fuel, Aviation, Jet A-1 JA1

(a) EUROPEAN LOCATIONS ONLY. Aviation turbine fuel shall conform to the Defence Standard 91-91 Issue

7, Amendment 3 dated 02 February 2015.

(b) ADDITIVES.

(i) Additives shall not be premixed with other additives before injection into the fuel.

(1) CONDUCTIVITY. If fuel contains electrical conductivity additive, the conductivity limits of 50 to 600 picosiemens per meter (pS/m) at ambient temperature or 85 degrees Fahrenheit (29.4ºC), whichever is lower shall apply at the custody transfer point, unless otherwise directed by the procuring activity.

(2) FUEL SYSTEM ICING INHIBITOR (FSII). When FSII is required by contract line item—

(i) The fuel shall contain 0.07 to 0.10 percent by volume FSII.

(ii) The FSII shall conform to the requirements outlined in either specification MIL-DTL-85470B dated June 15,1999, Inhibitor, Icing, Fuel System, High Flash, NATO Code Number S-1745; or the latest revision of ASTM D4171, Standard Specification for FSIIs, Type III.

(iii) When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of required additive. This additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(3) CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When CI/LI is required by contract line item the additive shall conform to the latest revision of MIL-PRF-25017H with amendment 1 dated August 4, 2011, and be

SP0600-16-R-0226 Page 11 of 68 listed in Qualified Products List (QPL)-25017. In order to obtain dosage data for QPL-25017 additives, log into ASSIST Online, access the Qualified Products Database (QPD), do a search for QPL number 25017, and click the MIL-PRF-25017 Category 1 link. The dosage information is located in the "source notes" for each qualified additive as minimum effective and maximum allowable concentrations in grams per cubic meter (g/m3).

(4) METAL DEACTIVATOR ADDITIVE (MDA). MDA shall not be used unless the supplier has obtained written consent from the procuring activity and user.

(i) Product shall be homogeneously mixed. Until all aviation turbine fuel tanks are coated, it is acceptable to perform stratification tests in lieu of circulating tanks to achieve homogeneity.

(5) Microseparometer (MSEP).

(i) The following MSEP ratings apply in the presence of the additives listed below. Values apply at point of manufacture:

Jet A-1 Additive MSEP Rating, min.

Fuel System Icing Inhibitor (FSII) 85

Corrosion Inhibitor/Lubricity Improver (CI/LI) 80 Fuel System Icing Inhibitor (FSII) and

Corrosion Inhibitor/Lubricity Improver (CI/LI)

C-0002 C16.09-5 TURBINE FUEL, AVIATION (F34) WITH OR WITHOUT FUEL SYSTEM ICING

INHIBITOR (FSII), CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI), AND STATIC

DISSIPATER ADDITIVE (SDA) (DLA ENERGY NOV 2015)

(a) U.S. LOCATIONS ONLY. Aviation turbine fuel, Jet A-1 (JA1), shall conform to ASTM D1655.

(b) ALL OTHER LOCATIONS. Aviation turbine fuel shall conform to the Defence Standard 91-91 Issue 7, Amendment 3, dated 2 February 2015.

NATIONAL STOCK

NUMBER

PRODUCT NOMENCLATURE

DLA ENERGY PRODUCT

CODE

9130-01-545-8464 Turbine Fuel, Aviation F34

(c) ADDITIVE REQUIREMENTS (The Contractor shall furnish and inject the following additives, as required by contract or contract line item). Additives shall not be premixed with other additives before injection into the fuel so as to prevent possible reactions among the concentrated forms of different additives.

(1) Corrosion Inhibitor/Lubricity Improver (CI/LI) additive, in accordance with MIL-PRF-25017H w/ Amendment 1, dated 4 August 2011, shall be added of the type and concentration cited in QPL-25017.

To locate this information: (1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) QuickSearch website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL-25017 search result under Document ID,

(4) click the "Qualification" link under Overview, and (5) click the “MIL-DTL-25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table.

Only the following CI/LI additives are approved for shipment to North Atlantic Treaty Organization (NATO) countries:

CI/LI

CONCENTRATION,

GRAMS/CUBIC METER

Innospec Fuel Specialties, LLC DCI-4A 9 – 24 Innospec Fuel Specialties, LLC DCI-6A 9 – 15 Nalco Co, Nalco 5403 12 – 23 Nalco Co, Nalco 5405 11 – 11 Baker Petrolite, Tolad 4410 9 – 23 Baker Petrolite, Tolad 351 9 – 24 Dorf Ketal Chemicals, Unicor J 9 – 23

SP0600-16-R-0226 Page 12 of 68

GE Betz Inc, Spec-Aid 8Q22 9 – 24

NOTE: HITEC 580, listed as approved in AFLP 3390 Edition A Version 1, has been de-commercialized.

(2) Fuel System Icing Inhibitor (FSII) Diethylene Glycol Monomethyl Ether (DiEGME), in accordance with MIL-DTL-85470B, dated 15 June 1999, shall be added at a concentration of 0.07 - 0.10 volume percent.

(3) Metal Deactivator Additive (MDA) shall not be used unless the supplier has obtained written consent from the Contracting Officer.

C-0003 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY FEB 2016)

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

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

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

CANADA CAN/CGSB-3.517-2013

COSTA RICA RTCA 75.02.17:06

EL SALVADOR RTCA 75.02.17:06

GUATEMALA RTCA 75.02.17:06

NICARAGUA RTCA 75.02.17:06

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

AUSTRALIA Fuel Standard (Automotive Diesel) Determination 2001

PHILIPPINES PNS/DOE QS 004:2012

EGYPT Egyptian Standard 16 / 2005

EUROPE BS EN 590

MIDDLE EAST BS EN 590

ALL OTHER LOCATIONS ASTM D975

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

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

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

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

(5) Performance enhancing/identification marking additives:

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

(ii) A corrosion inhibitor/lubricity improver conforming to MIL-PRF-25017, latest revision, may be blended into the fuel to inhibit corrosion. Additive concentrations are provided in the latest revision of QPL-25017 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/.

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

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

http://assistdocs.com/ http://assistdocs.com/

SP0600-16-R-0226 Page 13 of 68

(7) Applicable to high sulfur grade DF2:

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

DLA ENERGY PRODUCT

CODE

MAXIMUM SULFUR

CONTENT

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

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

ATTN: DLA ENERGY-FEQ, ROOM 2943

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J KINGMAN ROAD

FORT BELVOIR VA 22060-6222

C-0004 C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY NOV

2015)

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

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

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

CANADA CAN/CGSB-3.5-2011

JAPAN JIS K 2202 9130-00-148-7104

EUROPE BS EN 228

MIDDLE EAST BS EN 228

PHILIPPINES PNS/DOE QS 008:2012

ALL OTHER REGIONS ASTM D4814

(1) LOCAL SPECIFICATIONS.

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

(2) OCTANE REQUIREMENTS

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

(3) OXYGENATE REQUIREMENTS.

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

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

SP0600-16-R-0226 Page 14 of 68

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

Signature

Prepared by:

Quality / Technical Support Office Approval:

Prior approval as contract provision

Contracting Approval: Prior approval as contract provision

Legal Approval:

(Only required for E QAPs)

SECTION D- PACKAGING AND MARKINGS

Not applicable

SECTION E- INSPECTION AND ACCEPTANCE

E-0001 ENERGY QAP E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

The Contractor shall furnish hereunder, from time to time, samples of each product or grade of product to be furnished under this contract at the request of, and in the manner and to the place designated by, the Quality Representative; PROVIDED, however, that in no event shall the Contractor be required to furnish during the period of this contract more than five 1-gallon samples under each contract line item. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

E-0002 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs

(a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply

SP0600-16-R-0226 Page 15 of 68

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL

UNITED STATES (OCONUS) (INCLUDING ALASKA AND HAWAII):

(b) Philippines Code: 300

(c) DLA Energy Pacific ATTN: Quality Manager 3

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

E-0003 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (QAP DEC 2011)

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor's authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation.

Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no

SP0600-16-R-0226 Page 16 of 68 event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government re-inspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government re-inspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES - FIXED-PRICE, INSPECTION OF SERVICES - FIXED PRICE, or CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government re-inspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

E-0004 ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (QAP DEC

2011)

(a) SOURCE RESTRICTION.

(1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer (CO) shall thereafter have the right, upon giving written notice, to require the Contractor to designate a single source of supply for each destination set forth in the contract. Upon receiving such notice, the Contractor shall have 10 days to respond, in writing, after which time the source restriction will become effective.

(2) In addition to the name of a single source of supply, the Contractor must provide the address of the terminal or loading point to be used in drawing the requirements for each item in the contract.

(3) The Contractor may change suppliers only after requesting and receiving the express written approval of the CO.

(b) SOURCE INSPECTION.

(1) If serious quality problems arise or if a quality problem recurs, for which the Contractor was supposed to have taken corrective action, the CO shall, in addition to source restriction, have the right to change the inspection point from destination to origin (source) by advising the Contractor in writing.

Source inspection will become effective 10 days after written notice has been received by the Contractor.

(2) At the time the change becomes effective --

(i) All appropriate contract provisions relating to origin inspection shall be incorporated into the contract for the item(s) involved;

(ii) Source restriction, if not already in force, will be invoked for all items involved, in accordance with (a) above; and

(iii) The cognizant DLA Energy field office, upon receiving written notification by the CO, will become the office responsible for inspection at the origin loading or filling point for providing necessary field assistance.

(d) Failure to provide the information requested or to take prompt corrective action may result in the item(s) and/or contract being terminated for default.

SP0600-16-R-0226 Page 17 of 68

SECTION F- DELIVERIES OR PERFORMANCE

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

AND TANK WAGONS (DLA ENERGY JAN 2012)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries…