Attachment_B_Provisions_and_Clauses_17R0209.pdf

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMP & STATION

(PC&S) (NOV 2011) 3

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C0002 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENEGY MAY 2014) 5

C0004 C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) 5

C0005 C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014) 5

C0006 C16.27 FUEL, BIODISEL (B20) (DLA ENERGY OCT 2014) 5

C0007 C16.69 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY SEP 2014) 6

SECTION E: INSPECTION AND ACCEPTANCE

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 11

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITIY (APR 1984) 12

F0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS AND

TANK WAGONS (DLA ENERGY JAN 2012)

F0002 F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 13

F0008 F20 AUTOMATIC FILL-UP PROVISIONS (DLA ENERGY JAN 2012) 16

SECTION G: CONTRACT ADMINISTRATION DATA

DFAR 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 16

DFAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 17

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) 19

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 19

I0005 I28.01 FEDERAL, STATE AND LOCAL TAXES (DEVIATION) (DLA ENERGY JAN 2011) 19

I0006 I28.02-1 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL 2006) 20

I0007 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL 2006) 21

I0013 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 22

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

SECTION K: REPRESENTATION AND CERTIFICATIONS

K-0003 K15 RELEASE OF PRICES (DLA ENERGY MAR 2005) 22

K0006 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 22

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L0001 L1.02 PROPOSAL ACCEPTANCE PERIOD ((DLA ENERGY NOV 1991) 23

SECTION M: EVALUATION FACTORS FOR AWARD

DLAD 52.215-9023 REVERSE AUCTION (OCT 2013) 23

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

[X] SF 1449 SCHEDULE ATTACHMENT

[X] BASE REFERENCE PRICES ATTACHMENT A

[X] PROVISIONS AND CLAUSES ATTACHMENT B

[X] PCS OET VENDOR GUIDE ATTACHMENT C

[X] AMPS ROLE GUIDE ATTACHMENT D

[X] SMALL BUSINESS SET ASIDES ATTACHMENT E

[X] OFFEROR SUBMISSION PACKAGE ATTACHMENT F

[X] PRICE DATA SHEET ATTACHMENT F LAST PAGE (ATTACH A) OSP

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

CAMP & STATION (PC&S). ) (NOV 2011)

(a) Warranties: The Contractor warrants that—

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

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

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

(1) Base price means—

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

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

(2)Base reference price means the reference price for an item as published on 26 September 2016. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

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

(4)Date of delivery means—

(i) For tanker or barge deliveries.

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

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

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

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

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

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

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

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

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

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

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

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

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

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375% percent (%) of the of the base price in any applicable program year, except as provided below.

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

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

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

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

(f) Publications. The following publication(s) are used: SEE ATTACHMENT A ( BRP/ESCALATOR SHEET)

(End of clause)

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

C0002, C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

(End of clause)

C0004, C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011)

In the event that a Federal, State, or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. 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.

(a) PRODUCT PERFORMANCE REQUIREMENTS. Product shall conform to the latest revision of ASTM D5798.

(b) BLENDING. Product shall be blended prior to delivery. Manifold blending at time of delivery and blending in the receipt tank is not permitted. The resultant blended product must meet all performance requirements specified in the contract.

C0005, C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014)

Aviation Gasoline shall conform to the latest revision of ASTM D910 or Defense Standard 91-90.

C0006, C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014)

In the event that a Federal, State, or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. 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. Offered product shall conform to the following requirements that define a fuel suitable for use in automotive diesel engines:

(a) PRODUCT COMPOSITIONAL AND PERFORMANCE REQUIREMENTS. The finished fuel shall conform to ASTM D7467, with a biodiesel blend percentage of 20 +/- 1 percent, with the exception that the biodiesel component, per ASTM D6751, shall be derived solely from either virgin or used vegetable oils. Biodiesel derived from animal fats or tallows shall not be used. Product classification is shown below:

MAXIMUM

DLA ENERGY PRODUC

SULFUR

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

CODE

BDI

CONTENT

15 µg/g

RED DYE

No

Suppliers of biodiesel blends shall be certified as either BQ-9000 Producers or BQ-9000 Ma ters as set forth by standards adhering to The National Biodiesel Accreditation Program. Documentation of BQ- 9000 certification shall be submitted at time of offer.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

BLENDING. Product shall be blended prior to delivery. Manifold rke

(b) blending at time of delivery and blending in the receipt tank is not permitted.

The resultant blended product must meet all performance requirements specified in the contract.

(c) LOW TEMPERATURE OPERABILITY. For fuel supplied during the months of

October through March, the low temperature performance of B20 biodiesel shall be defined by the following property:

CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X3 of ASTM D 7467.

(d) ENVIRONMENTAL PROTECTION AGENCY (EPA) REGISTRATION. B100 product must be EPA registered in accordance with 40 CFR Part 79, Registration of Fuels and Fuel Additives. The Contractor shall provide a copy of the

EPA registration letter to the Contracting Officer at the time of offer.

C0007, C16.69 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY SEP 2014)

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.

NOTE: Gasoline, gasohol, and reformulated gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically throughout the United States. Therefore, Contractors are obligated to know and comply with local, State, or Federal RVP requirements for areas they are supplying.

(a) GASOLINE, AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM. Product shall conform to ASTM D4814, Standard Specification for Automotive Spark-Ignition Engine Fuel, latest revision, as modified below.

(1) OCTANE REQUIREMENTS.

(i) Unleaded automotive gasoline shall meet the Antiknock Index (AKI) requirements shown in the table below.

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE AKI, MINIMUM

9130-00-148-7103 Gasoline, Regular Unleaded MUR 87 9130-01-272-0983 Gasoline, Midgrade Unleaded MUM 89 9130-00-148-7104 Gasoline, Premium Unleaded MUP 91

(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with Figures X1.2 and X1.3 of ASTM D4814, latest revision.

(iii) For regular unleaded gasoline, in addition to an AKI of 87 minimum, the motor octane number (MON) shall not be less than 82.

(2) 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.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(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 shall meet contract requirements.

(b) GASOHOL, AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM. Products shall conform to Commercial Item Description (CID) A-A-52530, Gasohol, Automotive, Unleaded, dated October 10, 1995, as modified below. In accordance with Executive Order 12261 of January 5, 1981, "Gasohol in Federal Motor Vehicles," Gasohol may be considered an acceptable substitute for Unleaded Gasoline. The Unleaded Gasoline items that permit the substitution of Gasohol are identified in the Schedule. Contractors are required to state, for each line item in their offer, whether Gasohol will be provided. Contractors will not be permitted to substitute Unleaded Gasoline under line items awarded as gasohol. Also, Contractors are not permitted to substitute gasohol for gasoline under line items awarded as gasoline, except when Government regulations mandate use of fuel containing an oxygenate for control of carbon monoxide pollution.

(1) OCTANE REQUIREMENTS.

(i) Unleaded automotive gasohol shall meet the AKI requirements shown in the table below.

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE AKI, MINIMUM

9130-01-090-1093 Gasohol, Regular Unleaded GUR 87 9130-01-355-2393 Gasohol, Midgrade Unleaded GUM 89 9130-01-090-1094 Gasohol, Premium Unleaded GUP 91

(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with Figures X1.2 and X1.3 of ASTM D4814, latest revision.

(iii) For regular unleaded gasohol, in addition to an AKI of 87 minimum, the MON shall not be less than 82.

(3) OXYGENATE REQUIREMENTS.

(i) Ethanol concentration shall be between 9 and 11 volume percent.

(ii) Blending of ethanol into gasoline to make gasohol 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 shall meet contract requirements.

(c) REFORMULATED GASOLINE (RFG), AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM. Product shall conform to ASTM D4814 latest revision, as modified by the Environmental Protection Agency (EPA) requirements detailed in 40 Code of Federal Regulation (CFR) Part 80 - "Regulation of Fuels and Fuel Additives; Subpart D Reformulated Gasoline”. In part, these regulations mandate that Phase II complex model reformulated gasoline must meet three emissions performance requirements when compared to the baseline gasoline marketed by a refiner in 1990: a 27 percent reduction in emissions of volatile organic compounds (VOCs), a 22 percent reduction in emissions of toxic pollutants, and a 7 percent reduction in emissions of nitrogen oxides (NOx). Further, Phase II complex model reformulated gasoline must meet two compositional requirements: 1.0 volume percent maximum benzene and no heavy metals (e.g., Lead (Pb) and Manganese (Mn)).

(1) OCTANE REQUIREMENTS.

(i) Reformulated gasoline shall meet the AKI requirements shown in the table below.

NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT

CODE

AKI,

MINIMUM

9130-01-388-4080 Reformulated Gasoline, Regular MRR 87 9130-01-388-4513 Reformulated Gasoline, Midgrade MMR 89 9130-01-388-4524 Reformulated Gasoline, Premium MPR 91

(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with Figures X1.2 and X1.3 of ASTM D4814, latest revision.

(d) DIESEL FUEL.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(1) APPLICABLE TO ALL DIESEL GRADES.

(i) ADDITIVES.

(A) The fuel stabilizer additive must conform to MIL-S-53021A , Stabilizer Additive, Diesel Fuel, dated August 15, 1988, found in ASSIST and shall be listed in the electronic Qualified Products List (QPL)-53021, located in the Qualified Products Database (QPD) found at http://assistdocs.com.

(B) CI/LI additive must conform to MIL-PRF-25017H with Amendment 1, Inhibitor, Corrosion/Lubricity Improver, Fuel Soluble (NATO S-1747), dated August 4, 2011, found in ASSIST and shall be listed in the electronic Qualified Products List (QPL)-25017, located in the Qualified Products Database (QPD) found at http://assistdocs.com.

(C) Conforming to ASTM D4171, Standard Specification for Fuel System Icing Inhibitors (FSII), latest revision, a FSII may be blended into the fuel to purge small quantities of water and prevent the formulation of ice crystals. The FSII concentration shall not exceed 0.15 volume percent when tested in accordance with Standard Test Method for Measurement of FSII (Ether Type) in Aviation Fuels.

ASTM D5006, latest revision.

(ii) BLENDING. Blending one grade of diesel fuel with another grade, or other compatible components, to produce a different grade or a variation within a grade is permitted.

However, such blending shall be accomplished by mechanical mixing or agitation in a tank, or in-line blending, prior to loading the product into transport equipment, and the resultant product shall meet all the requirements of the desired fuel.

(iii) LOW TEMPERATURE OPERABILITY. The low temperature performance of diesel fuel shall be defined by the following property:

CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D975, Standard Specification for Diesel Fuel Oils, latest revision. Within Alaska for activities where fuel support is limited to April-September, for example "JUN/JUL", "MAY 15 - JUN 15", "DURING SUMMER MONTHS", etc., and fuel will be used year-round in support of continuing operations, the cloud point shall be equal to or lower than the tenth percentile minimum Alaska temperature specified in Appendix X5 of ASTM D975 latest revision for the month of January.

(iv) DYE. As a means of identification, the Internal Revenue Service (IRS) requires that a red dye, identified as Solvent Red 164 (alky derivatives of azo benzene azo naphthol), shall be added to all nontaxable diesel and all nontaxable kerosene used for purposes other than military jet fuel. The definitions of diesel and kerosene are provided in 26 CFR Section 48.4081-1. The minimum concentration is provided in 40 CFR Part 80.

(2) APPLICABLE TO GRADES DF1, DF2, DS2, DS1, DSS, DSW, AND SF2. Product shall conform to ASTM D975, Standard Specification for Diesel Fuel Oil, latest revision. In accordance with this specification, product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown below.

ULTRA-LOW SULFUR GRADES

CODE

9140-01-524-0139 Grade Number 2-D S15 (ULSD) DS2 0.0015 wt% No 9140-01-524-5174 Grade Number 1-D S15 (ULSD) DS1 0.0015 wt% No 9140-01-541-6760 Grade Number 2-D S15 (ULSD) DSS 0.0015 wt% Yes 9140-01-541-6767 Grade Number 1-D S15 (ULSD) DSW 0.0015 wt% Yes 9140-01-570-9278 Grade Number 2-D S15 (ULSD-Low

Temp) SF2 0.0015 wt% No

(3) APPLICABLE TO GRADES DF2 AND DF1 ONLY. Product shall conform to specification ASTM D975 latest revision. In addition, product shall contain no more than 10 milligrams/liter (mg/L) of particulates as measured by Standard Test Method for Particulate Contamination in Middle Distillate Fuels by Laboratory Filtration, ASTM D6217 latest revision. Product classification is shown below.

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

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

HIGH SULFUR GRADES

PRODUCT NOMENCLATURE DLA ENERGY

PRODUCT CODE

MAXIMUM

SULFUR

CONTENT

RED

DYE

9140-00-286-5294 Grade Number 2-D S5000 (“regular No.2- D”) DF2 0.50 wt% Yes

9140-00-286-5286 Grade Number 1-D S5000 (“regular No.1- D”) DF1 0.50 wt% Yes

(4) APPLICABLE TO DIESEL GRADE NUMBER 1 ONLY. DLA Energy frequently requires Number 1 diesel fuel grades when it is anticipated that the fuel may be exposed to temperatures below 10 degrees Fahrenheit (-12 degrees Celsius). These products shall conform to ASTM D975, latest revision, and additional requirements as specified above for each DLA Energy product code. Although the Government does not encourage such actions, Contractors electing to deliver kerosene or Jet A to meet Number 1 diesel fuel requirements shall—

(i) Provide certification to the Contracting Officer prior to 1 October of each year that the kerosene or Jet A will meet requirements applicable to the specific product code, including particularly, sulfur, dye, lubricity, viscosity and cetane index; AND

(ii) For each delivery, submit relevant documents (delivery tickets, bills of lading, etc.) indicating that Number 1 diesel fuel is being delivered.

(e) FUEL OIL, BURNER (VIRGIN FUEL OILS). Applicable to all burner fuel oil grades. Product shall conform to ASTM D396, Standard Specification for Fuel Oil, latest revision, as modified by the requirements of paragraphs (1) through

(7) below. Product classification is shown in the table below.

NUMBER PRODUCT NOMENCLATURE DLA ENERGY

PRODUCT CODE RED DYE

9140-01-546-1786 Fuel Oil, Burner No. 2 S500 FL2 Yes 9140-00-247-4366 Fuel Oil, Burner No. 1 S5000 FS1 Yes 9140-00-247-4365 Fuel Oil, Burner No. 2 S5000 FS2 Yes 9140-01-107-6139 Fuel Oil, Burner No. 4 (Light) FL4 Yes 9140-00-247-4360 Fuel Oil, Burner No. 4 FS4 No 9140-01-058-4431 Fuel Oil, Burner No. 5 (Light) FL5 No 9140-00-247-4359 Fuel Oil, Burner No. 5 (Heavy) FS5 No 9140-00-247-4354 Fuel Oil, Burner No. 6 FS6 No

(1) PRODUCT CONTAINING USED OIL SHALL NOT BE SUPPLIED. (See paragraph (f) below for DLA Energy product codes, national stock numbers, and detailed requirements applicable to blends of residual fuel with recycled lubricating oil.). These residual grades of burner fuel oil (Grades No. 4, No. 4 (Light), No. 5 (Light), No. 5 (Heavy), and No. 6) shall consist of fossil-derived hydrocarbon stock.

(2) SULFUR REQUIREMENT. Refer to the Schedule for the maximum allowable sulfur content of Burner Oil, Grades No. 4, No. 4 (Light), No. 5 (Light), No. 5 (Heavy), and No. 6. The maximum allowable sulfur content for Burner Oil, Grades No. 1 S5000 and No. 2 S5000, shall be 0.50 weight percent or per State/local environmental requirements, whichever is more stringent. The maximum allowable sulfur content for Burner Oil, Grade No. 2 S500 shall be 0.05 weight percent.

(3) NITROGEN REQUIREMENT. The nitrogen content shall be tested using Standard Test Method for Total Nitrogen in Lubricating Oils and Fuel Oils by Modified Kjeldahl Method, ASTM D3228 latest revision, or Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet

(4) Oxidative Combustion Chemiluminescence Detection, ASTM D4629, latest revision. The nitrogen content is used to determine nitrous oxide (NOx) emissions in boiler systems as determined by State/local environmental agencies. The requirement applies for line items with Burner Oil No. 4, Burner Oil No. 5 (heavy), Burner Oil No. 5 (light), and Burner Oil No. 6. The Contractor is required upon request from the

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

Government to provide a copy of the test report, within two working days, that states the actual nitrogen content of fuel delivered.

(4) Blending of various compatible grades of burner oil to produce an intermediate grade is permitted, however, such blending 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 shall meet all the requirements of the grade produced.

(5) The maximum allowable ash content for Burner Oil, Grade No. 6, shall be 0.50 weight percent using Standard Test Method for Sulfated Ash from Lubricating Oil and Additives, ASTM D874 latest revision.

(6) Under United States regulations, Grades No. 1, 2, and 4 (Light) are required by 40 CFR Part 80 to contain a sufficient amount of the dye Solvent Red 164 so its presence is visually apparent. At or beyond terminal storage tanks, these products are required by 26 CFR Part 48 to contain the dye Solvent Red 164 at a concentration spectrally equivalent to 3.9 pounds per thousand barrels of the solid dye standard Solvent Red 26.

(7) APPLICABLE TO FUEL OIL, BURNER, GRADE No. 1 ONLY. This product shall conform to ASTM D396 latest revision, Contractors electing to deliver kerosene (red dye) to meet No. 1 burner oil requirements shall—

(i) Provide certification to the Contracting Officer prior to 1 October of each year that the kerosene will meet No. 1 burner oil specifications, including , specifically, viscosity, distillation, density and pour point, AND

(ii) For each delivery, submit relevant documents (delivery tickets, bills of lading, etc.)

indicating that No. 1 burner oil is being delivered.

(iii) All kerosene delivered to meet No. 1 burner oil shall be tax free, i.e., dyed in accordance with IRS regulations.

(e) FUEL OIL, BURNER, CONTAINING RECYCLED USED OILS, GRADES 4, 5 (LIGHT), 5

(HEAVY) AND 6. Product shall conform to ASTM D6823, Standard Specification for Commercial Boiler Fuels with Used Lubricating Oils, latest revision, as modified by the requirements of paragraphs (1) through (5) below. Product classification is shown in the table below.

9140-01-468-9135 Fuel Oil, Burner, Grade RFC4 RF4

9140-01-468-9157 Fuel Oil, Burner, Grade

R5L 9140-01-468-9147 Fuel Oil, Burner, Grade

RF5

9140-01-468-9164 Fuel Oil, Burner, Grade RFC6 RF6

(1) SULFUR REQUIREMENT. Refer to the Schedule for the maximum allowable sulfur content of Grades 4, 5 (Light), 5 (Heavy), and 6.

(2) NITROGEN REQUIREMENT. The nitrogen content shall be tested using ASTM D3228, latest revision, or ASTM D4629, latest revision. The nitrogen content is used to determine nitrous oxide (NOx) emissions in boiler systems as determined by State/local environmental agencies. The Contractor is required upon request from the Government to provide a copy of the test report, within two working days, that states the actual nitrogen content of fuel delivered.

(3) INCLUSION OF OFF-SPECIFICATION USED OIL PROHIBITED. 40 CFR Parts 266 and 279 define off-specification used oil. The supply of RF4, R5L, RF5, or RF6 containing off-specification used oil is not permitted.

[ ] The offeror represents that it will provide certified test reports with associated Quality Control (QC) documents validating compliance with EPA used oil standards contained in 40 CFR Parts 266 and 279 or State/local requirements, whichever is more stringent, for all contract deliveries under the line items identified above to—

ATTN: DLA ENERGY-FEQB ROOM 2843

DEFENSE LOGISTICS AGENCY ENERGY

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

8725 JOHN J KINGMAN ROAD SUITE 4950

FORT BELVOIR VA, 22060-6222

Email: PQIS@dla.mil

Offeror's EPA Identification Number:

(4) Blending of various compatible grades of burner oil to produce an intermediate grade is permitted, however, such blending shall be accomplished by mechanical mixing or agitation in tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product shall meet all the requirements of the contract.

(5) The maximum allowable ash content for Burner Oil, Grade RF6, shall be 0.50 mass percent using ASTM D874, latest revision.

(g) KEROSENE. Product shall conform to ASTM D3699, Standard Specification for Kerosine, latest revision. Classification of product is shown below.

LOW SULFUR GRADES

PRODUCT

NOMENCLATURE

DLA ENERGY

PRODUCT CODE

MAXIMUM SULFUR

CONTENT

RED

DYE

9140-01-292-4460 Kerosene, Grade No. 1-K KS1 0.04 wt% max No 9140-01-461-3989 Kerosene, Grade No. 1-K KSR 0.04 wt% max Yes

HIGH SULFUR GRADES

PRODUCT

NOMENCLATURE

DLA ENERGY

PRODUCT CODE

MAXIMUM SULFUR

CONTENT

RED

DYE

9140-00-242-6748 Kerosene, Grade No. 2-K KSN 0.30 wt% max Yes

NOTE: The IRS requires taxation of Grade No. 1-K upon removal from the terminal unless the kerosene is indelibly (cannot be removed) dyed or used for military jet fuel. These requirements, 26 CFR Part 48 - Manufacturers and Retailers Excise Taxes, were published in the July 1, 1998, Federal Register. Only undyed (taxable) No. 1-K kerosene is suitable for use in non-flued (unvented) kerosene burner appliances.

No. 2-K kerosene is unsuitable for non-flued kerosene burner appliances.

The color test requirement is deleted if red dye has been added in compliance with IRS regulations; however, the resulting fuel/dye blend shall have a red tint.

SECTION E: INSPECTION AND ACCEPTANCE

252.246-7000 Material Inspection and Receiving Report (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

SECTION F: DELIVERIES OR PERFORMANCE

mailto:PQIS@dla.mil

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

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

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

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER

F0001, 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 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.

(3) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(4) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(5) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(6) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(7) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

F0002, F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) ) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) ) Calibrated meters on the receiving tank system; or

(2) ) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) ) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system

(2) Weigh, using calibrated scales at the receiving location; or

(3) ) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b. destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference:

(1) ) Calibrated meter on the receiving tank system

(2) ) Calibrated meter on the conveyance

(3) Weight using calibrated scales at the receiving location.

(4) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.

(5) ) Receipt tank measurements (as identified in the Schedule).

(B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity

(D) shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100

(E) portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(2) F.O.B. ORIGIN. All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the

Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) ) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) ) Certified loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity tables for the rail tank car.

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b.

origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(1) ) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) ) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

(1) ) Every delivery must be free of all water bottoms prior to discharge; and

(2) The Contractor is responsible for their removal and disposal.

(b) MEASUREMENT RESTRICTIONS. All methods of measurements described in this contract provision are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

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

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

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

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

(ii) For lubricating oils, use Volume XIII, Tables 5D and 6D; Volume XIV, Tables 53D and 54D; or Tables 23D and 24D (2004 version).

(iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

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

(v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(vi) As an option to (c)(1)(v), liters may be converted to gallons using Table F1.09A (see below). If

(vii) this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(viii) If the original measurement is by weight and quantity is required by U.S. gallons, then--

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(B) Volume XII of the adjunct to ASTM D 1250, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which, as a minimum, contains--

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) date for next calibration;

(v) ) Name and signature of the person performing the calibration;

(vi) Traceability to master meter/prover used for calibration; and

(vii) ) Calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration.

All calibration meter recordings and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of tank shell correction factor is not required unless its use is a customary practice for custody transfer.

TABLE F1.09-2A

CONVERSION FACTOR TABLE

Density @ 15°C Gallons @ 60°F to Liters @ 15°C, Multiply by Liters @ 15°C to Gallons @ 60°F, Multiply by

0.723 – 0.768 3.78286 0.264350

0.769 – 0.779 3.78309 0.264334

0.780 – 0.798 3.78334 0.264317

0.799 – 0.859 3.78356 0.264301

0.860 – 0.964 3.78381 0.264284

0.965 – 1.074 3.78405 0.264267

(d) SHIPPING DOCUMENTATION. The following information shall be mechanically annotated on the contractor’s shipping document (such as a truck’s metered ticket) when the document is used to determine quantity under this contract: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured.. The following exceptions apply:

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

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

(3) Where volume correction for temperature is not required in accordance with Paragraph (a)(1)(iii)(B) above, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

(e) RIGHT TO REPRESENTATIVE. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

COG 7 POSTS, CAMPS AND STATIONS (PC&S) SPE600-17-R-0209

(f) DISCREPANCIES . For f.o.b. destination deliveries utilizing volume corrected loading rack meter tickets to determine

(1) The quantities shown on the shipping document (volume corrected loading rack meter tickets) will be accepted as the quantity received, provided that any differences between that quantity and the Government’s receipt tank measurement at destination does not exceed one half of one percent (0.5%) of the amount on the shipping document.. If the difference is greater than one half of one percent (0.5%), the quantity determined by the Government using receipt tank measurements at destination will be used for acceptance and payment provided receipt tank measurements are identified in the Schedule as an approved quantity determination method for that line item.