SPE60016R0712_Solicitation_FBO.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0063150719

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE600-16-R-0712

6. SOLICITATION ISSUE

DATE

2016 JUL 27

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Natisha Davis DND0004

b. TELEPHONE NUMBER (No Collect calls)

Phone: DSN-695-6657

8. OFFER DUE DATE/

LOCAL TIME

2016 AUG 29

03:00 PM

9. ISSUED BY CODE SPE600 10.THISACQUISITION IS UNRESTRICTED OR SET ASIDE: %FOR:

SMALLBUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONESMALL SMALL BUSINESS PROGRAM

BUSINESS

SERVICE-DISABLED

EDWOSB NAICS: 324110

VETERAN-OWNED 8 (A) SIZE STANDARD: SEE 52.212-1 SMALL BUSINESS

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEESCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

DO-C9

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SCHEDULE

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR

TELEPHONENO.

CODE

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

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

COPIES 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

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE600-16-R-0712

PAGE 3 OF 65 PAGES

Section B

Quality Technical Provisions

TURBINE FUEL,AVIATION,JTS,2.6A

9130-005512264

PR #: 0063150719

IAW BASIC QAP 52838 ENERGY-QAP-C16.08-13

REVISION NR C DTD 04/01/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01

REVISION NR A DTD 07/08/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR B DTD 04/04/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02

REVISION NR A DTD 12/01/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

TURBINE FUEL,AVIATION,JTS,2.6A.

9130-005512264

PR #: 0063150719

JTS Requirement Totals are as follows:

Total Qty Set Aside 8A Reservation Qty Non Set Aside Qty UoM

50,100,000 0 0 50,100,000 UG6

Total Estimated ( JTS ) Quantity to be Purchased: 50,100,000

EPA Region Quantity Escalator Id Base Ref Price Base Ref Date

JP 5,600,000 JTPSOCONUS 1.128095 04/05/2016

JP 44,500,000 PLTSGCJET 1.039260 04/05/2016

CONTINUED ON NEXT PAGE

PAGE 4 OF 65 PAGES

JP

Item: 0003 Quantity: 13,400,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 13,400,000

Period of Performance: 04/01/2017-03/31/2019

NSN Delivery Identification State

9130-005512264 (JTS) SEABROOK - DFSP SEABROOK HOUSTON TX

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 684800001

Delivery Address: 11666 PORT ROAD SEABROOK TX 77586

Service Code Delivery DODAAC Ordering Office DODAAC

SE5P15 SPE600

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:RAILCAR 95 D Y N Y

BULK:TRUCK 5 D Y N Y

Item: 0006 Quantity: 5,800,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 5,800,000

Period of Performance: 04/01/2019-03/31/2020

JP 684800001

Delivery Address: 11666 PORT ROAD SEABROOK TX 77586

SE5P15 SPE600

Item: 0007

Period of Performance: 04/01/2020-03/31/2021

PAGE 5 OF 65 PAGES

JP 684800001

Delivery Address: 11666 PORT ROAD SEABROOK TX 77586

Service Code Delivery DODAAC Ordering Office DODAAC

SE5P15 SPE600

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

Item: 0008

Period of Performance: 04/01/2021-03/31/2022

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 684800001

Delivery Address: 11666 PORT ROAD SEABROOK TX 77586

Service Code Delivery DODAAC Ordering Office DODAAC

SE5P15 SPE600

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

Item: 0001 Quantity: 5,600,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 5,600,000

9130-005512264 (JTS) BEALE - BEALE AFB CA

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 873270240

Delivery Address: BLDG 420 F. STREET BEALE AFB CA 95903

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F3L SPE600

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:RAILCAR 95 D Y N Y

BULK:TRUCK 5 D Y N Y

No. of Tanks Capacity Type Tank Location

2 10000 ABOVE GROUND TANK(S) BULK STORAGE AREA

Delivery Mode Notes:

PAGE 6 OF 65 PAGES

Delivery Ticket Notes:

Item: 0004 Quantity: 2,700,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 2,700,000

JP 873270240

Delivery Address: BLDG 420 F. STREET BEALE AFB CA 95903

USAF SE5F3L SPE600

No. of Tanks Capacity Type Tank Location

Item: 0005

PAGE 7 OF 65 PAGES

Item: 0012

Item: 0002 Quantity: 2,600,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 2,600,000

9130-005512264 (JTS) OSAN - OSAN KR

JP 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 PYEONGTAEK, SI SONGTAN CITY KR 459 120

USAF SE8F09 SPE600

BULK:TRUCK 100 D Y N Y

Item: 0009 Quantity: 1,000,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 1,000,000

PAGE 8 OF 65 PAGES

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 PYEONGTAEK, SI SONGTAN CITY KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09 SPE600

Item: 0010

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 PYEONGTAEK, SI SONGTAN CITY KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09 SPE600

Item: 0011

TURBINE FUEL,AVIATION

Region Requirement SPLC

JP 942004240

Delivery Address: 51 LRS LGRF OSAN AB BLDG 2401 PYEONGTAEK, SI SONGTAN CITY KR 459 120

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE8F09 SPE600

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

PAGE 9 OF 65 PAGES

PAGE 10 OF 65 PAGES

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION I - CONTRACT CLAUSES

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (OCT 2015) DFARS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ .

(End of Clause)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991) FAR

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL YEAR 2014 APPROPRIATIONS (FEB 2014) DFARS

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL

OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

(a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.

http://www.dla.mil/Acquisition http://farsite.hill.af.mil/

PAGE 11 OF 65 PAGES

(End of provision)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.252-01 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) - FAR

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electron ically at this/these address(es):

http://www.dla.mil/Acquisition and http://farsite.hil.af.mil/ .

(End of Provision) http://www.dla.mil/Acquisition http://farsite.hil.af.mil/

INDEX OF CLAUSES/DLA ENERGY PROVISIONS

CLAUSE # TITLE PAGE #

SECTION B

52.216-9069 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE – DLA ENERGY DOMESTIC BULK (NOV

2011) - DLAD 16

B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012) 18

B7.01 CANCELLATION CEILINGS (DLA ENERGY OCT 1998) 19

SECTION C

C QAPS Att 2

SECTION E

E QAPS Att 3

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) 20

SECTION F

52.211-16 VARIATION IN QUANTITY (APR 1984) 20

52.247.34 F.O.B. – DESTINATION (NOV 1991) 20

52.242-15 STOP-WORK ORDER (AUG 1989) 20

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DLA ENERGY JAN 2012)

F1.08 DELIVERY AND CONTRACT PERIODS FOR PIPELINE AND TANK CAR DELIVERIES (DOMESTIC BULK)(DLA

ENERGY NOV 2011) 22

F1.08-1 DELIVERY AND CONTRACT PERIODS FOR TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY

JAN 2012) 23

F1.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015) 23

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 26

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK/LUBES)

(DLA ENERGY JUN 1996) (SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT) 27

F14 SHIPMENT AND ROUTING (DLA ENERGY MAR 2003) 27

F105.01 DEADFREIGHT (DLA ENERGY JAN 2012) 28

F109 IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS (DLA ENERGY JAN 2012) 28

SECTION G

52.232-33 PAYMENT BY ELECTRONIC FNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (JULY 2013) 30

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM FOR AWARD MANAGEMENT

(JUL 2013) 30

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 30

G6 INVOICE DISCREPANCIES (BULK) (DLA ENERGY JAN 2012) 30

G12 SUPPLEMENTAL INVOICING INFORMATION (BULK) (DLA ENERGY SEP 2002) 30

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 30

SECTION H

H19.02 REPORTING REQUIREMENTS FOR SHIPMENTS (DLA ENERGY JAN 2012) 32

SECTION I

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (JUN 2016) 33

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) 36

52.216-22 INDEFINITE QUANTITY (OCT 1995) 36

52.216-25 CONTRACT DEFINITIZATION (OCT 2010) 37

52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) DLAD 37

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

SECTION I (cont’d)

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION) 37

I28.02-1 FEDERAL AND STATE TAXES/FEES (DLA ENERGY JUL 2006) 38

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 39

I86.12 DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) (DLA ENERGY NOV 2011) 39 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) 40 I190.04 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (BULK) (DLA ENERGY JAN 2012) 40

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (JUL 2013)

52.216-18 Ordering (Oct 1995) 46

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997) 47

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 48

52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 48

52.232-17 INTEREST (MAY 2014) 49

52.232-11 EXTRAS (APR 1984) 50

52.246-23 LIMITATION OF LIABILITY (FEB 1997) 50

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2012) 51

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 52

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 52

52.249-9000 ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT ADMINISTRATIVE COSTS OF

REPROCURMENT AFTER DEFAULT (MAY 1988) 53

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 53

I211.02 ORDERING (CONT’D) (DLA ENERGY JAN 1991) 54

SECTION J

OFFER SUBMISSION PACKAGE OSP

DLA ENERGY FORM 19.3 SMALL BUSINESS SUBCONTRACTING PLAN Att 1 C QAPS Att 2 E QAPS Att 3

SECTION K

52.204-6 DATA UNIVERSAL NUBMERING SYSTEM NUMBER (JUL 2013) 55

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 55

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014) 55

K15.01 RELEASE OF UNIT PRICES (BULK) (DLA ENERGY NOV 2002) 56

SECTION L

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 56

52.212-1 INSTRUCTION TO OFFERORS –COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (SEP 2015) 56

52.216-1 TYPE OF CONTRACT (APR 1984) 60

L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JAN 1998) 60

L2.09 EVIDENCE OF RESPONSIBILITY (OPERATING CRITERIA) (DLA ENERGY JAN 2012) 60

L54 SITE VISIT (DLA ENERGY OCT 1992) 61

52.233-9000 AGENCY PROTESTS (NOV 2011) – DLAD 61

L2.11-3 FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999) 61

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 62

SECTION M

52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 62

M10 EVALUATION - ALL OR NONE (DLA ENERGY MAR 2000) 63

M19.05 EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT (DOMESTIC BULK) (DLA

ENERGY JAN 2012) 64

M27 EVALUATION OF OFFERS (DOMESTIC BULK) (DLA ENERGY JAN 2012) 64

M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010) 64

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 65

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

SOLICITATION NOTES

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

1. The following JPTS requirements will escalate with their respective region's economic price adjustment (EPA) formula provided in Clause 52.216-9069 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE – DLA ENERGY DOMESTIC BULK (NOV 2011) - DLAD. Offerors should specify the respective commodity EPA escalator(s) to which their offer price is tied. The following are estimated maximum quantities. The actual purchases will be made pursuant to orders placed in accordance with FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) and FAR 52.216-18 ORDERING (OCT 1995).

2. The contract period consists of a two-year base period with three one-year option years as follows:

- April 1, 2017 through March 31, 2019 (Base Period)

- April 1, 2019 through March 31, 2020 (First Option Year)

- April 1, 2020 through March 31, 2021 (Second Option Year)

- April 1, 2021 through March 31, 2022 (Third Option Year)

3. This procurement is unrestricted. The applicable NAICS code is 324110.

4. Offers may be submitted by one of the following methods:

a. In accordance with FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (SEP 2015), sealed and/or hand-carried offers, 1 copy, for furnishing the supplies or services in the schedule will be received at the following address:

ATTN: DLA ENERGY-FEB BID CUSTODIAN RM 2954

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VA 22060-6222

b. For offers submitted by fax, in accordance with L2.11-3 FACSIMILE PROPOSALS –

COMMERCIAL ITEMS (DLA ENERGY NOV 1999), the DLA Energy Bid Custodian facsimile number is (703) 767-0488. Call (703) 767-2163 for confirmation of offer receipt.

c. For offers submitted by email in accordance with L2.11-4 E-MAIL PROPOSALS (DLA ENERGY

OCT 2010), the email address BulkFuelsBidCustodian@dla.mil.

5. Offerors are advised to complete and submit, as your offer, 1 copy of all forms contained in the Offer Submission Package in accordance with FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (SEP 2015). Offers must be signed by an authorized negotiator. [See K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Offer Submission Package.]

6. Dealers (non-manufacturers) must obtain a firm supply commitment letter in accordance with L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JAN 1998) of the solicitation.

7. Registrations, representations, and certifications are currently maintained electronically at the SYSTEM FOR AWRAD MANAGEMENT (SAM) at www.sam.gov [See FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) for additional information.] Offerors are encouraged to complete all representations and certifications in SAM.

mailto:BulkFuelsBidCustodian@dla.mil http://www.sam.gov/

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

9. Destination transportation rates are firm and fixed for the life of the resultant contract.

10. See F1.08 DELIVERY AND CONTRACT PERIODS FOR PIPELINE AND TANK TRUCK DELIVERIES (DOMESTIC BULK) (DLA ENERGY NOV 2011). Note that tank truck offers will be evaluated based on a 520-day delivery period – See F1.08-1 DELIVERY AND CONTRACT PERIODS FOR TANK TRUCK DELIVERIES

(DOMESTIC BULK) (DLA ENERGY JAN 2012).

11. The delivery period for all items is: April 1, 2017 through March 31, 2019 (Base Period); April 1, 2019 through March 31, 2020 (First Option Year); April 1, 2020 through March 31, 2021 (Second Option Year); and April 1, 2021 through March 31, 2022 (Third Option Year). See contract provision I86.12 DELIVERY - ORDER

LIMITATIONS - SCOPE OF CONTRACT (BULK) (DLA ENERGY NOV 2011).

12. Unless otherwise stated for the given modes of transportation under each line item, the receipt percentage (%) will be 100%.

13. Payment terms of “Net 15” will apply to all contracts awarded as a result of this solicitation.

14. NOTICE TO SMALL BUSINESS OFFERORS: Due to size changes in the small business size standard under 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (BULK) (TAILORED) (DLA ENERGY) (SEP 2015), please make sure that you updated your business standard in SAM as appropriate before you submit an offer. Once you offer, the business size is locked for the remainder of the procurement. The small business size standard is 1,500 employees or 200,000 Barrels per Calendar Day (BPCD) throughput.

15. FOB destination tanker/ocean-going barge offers are not acceptable, except for those locations specifically identified in the solicitation schedule. The definition of tanker/ocean-going barge is defined as a vessel transiting via ocean channels. The Government satisfies such movements using vessels provided by Military Sealift Command (MSC), supplemented as needed by charters.

16. For M41.04 EVALUATION OF OFFERS INVOLVING OTHER THAN F.O.B. TANKER (BULK) (DLA ENERGY JUL 2010), tank truck rates used are those in effect on the day initial offers are due, including the fuel surcharge in effect at that time. The applicable surcharge is now based on mileage instead of percent of line haul cost. Offerors can review information on weekly rate changes resulting from fuel surcharges at the Surface Deployment and Distribution Command website at:

http://www.sddc.army.mil/Public/Globas%20Cargo%Distribution/Domestic/Fuel?Summaryfullcontent<http://www.

sddc.army.mil/Public/Global%20Cargo%Distribution/Domestic/Fuel?Summary=fullcontent>.

17. SECTION C AND SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): The Section C and Section E QAPs are provided for your convenience. However, please review any updates via the DIBBS website. You will need a DIBBS account to access the Technical Data tab, which leads to the C Folders containing the applicable provisions. The web address is https://www.dibbs.bsm.dla.mil/default.aspx. This is also applicable for Section E provisions; all of the Inspection provisions will be viewable under the E folders. If you are having problems setting up your DIBBS account, please call the DLA Enterprise Helpdesk at 1-855-352-0001.

18. For all FOB destination offers, offerors are responsible for ascertaining and following delivery location access procedures, including obtaining any necessary clearances to access the delivery location. Access procedures and clearance processing times may vary greatly depending on the delivery location. Any questions regarding delivery location access procedures and processing times should be directed to the specific delivery location. Contact information for the specific end-location can be obtained through your assigned contract specialist.

http://www.sddc.army.mil/Public/Globas%20Cargo%25Distribution/Domestic/Fuel?Summaryfullcontent http://www.sddc.army.mil/Public/Globas%20Cargo%25Distribution/Domestic/Fuel?Summaryfullcontent https://www.dibbs.bsm.dla.mil/default.aspx

19. Payment information will be relayed from SAM unless G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) is filled out.

G9.07-5 is applicable when offerors will be using international banking institutions or is an international company.

20. Rates used in the evaluation of proposals are those in effect at receipt of initial offers including the fuel surcharge in effect at that time. Destination transportation rates are firm and fixed for the life of the resultant contract. All volumes are stated in U.S. Gallons (USG).

NOTE: 52.216-9069 applies only to solicitation line items 0001, 0004, 0005, 0012 (Beale AFB) and 0003, 0006, 0007, 0008 (DFSP Seabrook)

52.216-9069 Economic Price Adjustment – Published Market Price – DLA Energy Domestic Bulk (Nov 2011)

a) Warranties. The Contractor warrants that—

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

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

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

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

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

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

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

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin. The date and time vessel commences loading.

(B) F.o.b. destination. The date and time vessel commences discharging.

(ii) For pipeline deliveries. The date and time product commences to move past the specified f.o.b. point.

(iii) For all other types of deliveries. The date product is received.

(c) Adjustments.

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

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

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

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

(5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed (Note 1) percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

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

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

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

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

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

(d) Conversion factors. If this clause requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy conversion factor instruction, apply unless otherwise specified in the Schedule.

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

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

(g) Table.

I II III IV V

Item No.

Name of Publication

Heading under which market indicator is published and name of product

Location where market price is applicable

Base market price as of April 5, 2016 (excludes all taxes) (see note(s) below)

0001/0003/0004 0005/0006/0007 0008/0012

PLATT’S

OILGRAM

PRICE

REPORT

JET KERO 54 U.S. GULF

COAST

PIPELINE

$1.039260

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

NOTE: Prices based on this escalator will change on Tuesdays based on the prior week average. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices are not published) shall be the adjusting market price effective for the following Tuesday through Monday.

NOTE: B19.34 applies only to solicitation line items 0002, 0009, 0010, 0011 (Osan AB)

B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in this offer and/or 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 these escalation provisions.

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

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

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract provision.

(3) Date of delivery is defined as follows:

(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.

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

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof.

Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract provision, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) 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 and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this provision. However, no increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published reference price has been verified by the Contracting Officer.

(5) 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, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 330% percent of the award price, 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 appropriate explanation and documentation as required by the Contracting Officer.

(ii) 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.

(7) REVISION OF REFERENCE PRICE INDICATOR. 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 conditions--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 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.

(8) 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 provision, apply unless otherwise specified in the Schedule.

(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 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) TABLE.

I II III

Heading under which

IV V

Reference reference price is Location where price as of Name of published and reference price APRIL 5, 2016 Item no. publication name of product is applicable (excludes all taxes)

0002/0009 PLATT’S OILGRAM JET KERO CARGO SINGAPORE $1.128095

0010/0011 PRICE REPORT

NOTE: The reference price shall be determined on a monthly basis by calculating the simple average of all the high and low prices effective during the month. Such monthly averages shall become the reference price with which the contract price will be adjusted for deliveries occurring during the following month.

B7.01 CANCELLATION CEILINGS (DLA ENERGY OCT 1998)

(a) In the event this contract is canceled in accordance with either the CANCELLATION OF ITEMS or the CANCELLATION UNDER MULTIYEAR CONTRACTS clause, the cancellation ceilings are as listed below:

CANCELLATION CEILING PROGRAM YEAR

0% Second 0% Third 0% Fourth 0% Fifth

(b) The cancellation ceilings above are a percentage of the total multiyear contract price. These percentages are the maximum that the Contractor can receive as damages for cancellation of the multiyear contract.

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

See Attachment 2 for C QAPs

SECTION E - INSPECTION AND ACCEPTANCE

See Attachment 3 for E QAPs

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

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 -- Variation in Quantity (Apr 1984)

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

(b) The permissible variation shall be limited to:

10 Percent increase EXCEPT for waterborne deliveries which is 3 Percent increase

10 Percent decrease EXCEPT for waterborne deliveries which is 3 Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER.

52.247-34 -- F.o.b. – Destination (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall -- (1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS,

TRUCKS AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DLA ENERGY JAN 2012)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(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 upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries--

(i) By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and

(ii) Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract provision.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract provision, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES.

In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv) LIGHTER. In accordance with best commercial practices.

(4) Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance.

Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order. Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for--

(i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination; (ii) Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv) Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a…