Solicitation_SPE600-17-R-0210.pdf

SPE600-17-R-0210

INFORMATION TO OFFERORS OR

QUOTERS

COVER SHEET

SOLICITATION: SPE600-17-R-0210 (COG 3, POSTS, CAMPS & STATIONS (PC&S) PP 3.23).

THE ENCLOSED SOLICITATION COVERS THE

ORDERING PERIOD: 01 AUGUST 2017 THROUGH: 31 JULY 2022

DELIVERY PERIOD: 01 AUGUST 2017 THROUGH 31 AUGUST 2022

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy ATTN: DLA-ENERGY-FEPAA, Lawrence Watson and Bryan Sveum 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT OF

DEFENSE AND FEDERAL CIVILIAN AGENCIES IN THE STATES OF DELAWARE, INDIANA,

OHIO, MARYLAND, TENNESSEE, WEST VIRGINIA, VIRGINIA, KENTUCKY, AND THE

DISTRICT OF COLUMBIA.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

LAWRENCE WATSON BRYAN SVEUM

(703-767-9546 (703) 767-9556

LAWRENCE.WATSON@DLA.MIL BRYAN.SVEUM@DLA.MIL

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

RESPONSES DUE: 01 May 2017; 2:00 PM, Eastern Standard Time (EST).

ADDITIONAL INFORMATION:

SEE NOTES AND ATTACHED PAGES

mailto:LAWRENCE.WATSON@DLA.MIL mailto:BRYAN.SVEUM@DLA.MIL http://www.energy.dla.mil/

COG 3. POST, CAMPS, AND STATIONS (PC&S) SOLICITATION: SPE600-17-R-0210

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.104

SPECIAL INSTRUCTIONS/NOTES:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2005- 95 Effective 19 Jan 2017; DFARS: DPN 2016 1222 Effective 22 Dec 2016 Edition DLAD current to DLAD Rev. 5 & Proc. Ltr. 2017-11 and DEPI Sep 2016 up to CI 17-02 16 Nov 2016.

A. Solicitation Number SPE600-17-R-0210 is hereby issued as a Request for Proposal (RFP).

B. This acquisition has the following 11 line items as set-asides for Service Disabled Veteran Owned Small Businesses (SDVOSB) and the remaining line items are issued under Full and Open Competition. The size standard for small business concern under NAICS code 324110 is no more than 1,500 employees that will submits an offer in its own name. Offer’s that proposes to furnish an item that it did not itself manufacture but wish to be considered for set aside award, must supply petroleum product(s) from a refinery that either has no more than 1,500 employees, including all affiliates, or that has a capacity to refine no greater than 200,000 barrels per calendar day.

11 line items to be Set Aside for SDVOSB.

Line

Items Prod Code Material

(NIIN) Location TSW Location

ID State Service Code Mode Quantity

0049 FUEL OIL,BURNER (FS2) 002474365

WILMINGTON VA

MEDICAL CENTER 362101VAMC DE VA TT 92,000

0276 FUEL,ETHANOL (E85) 014702024 BRECKSVILLE GY2Y7NH10 OH VA TW 269,000

0281 FUEL,ETHANOL (E85) 014702024

PERRY POINT VA

MEDICAL CENTER 363237F26 MD VA TTWP 111,000

0285 FUEL,ETHANOL (E85) 014702024

VETERANS

AFFAIRS MEDICAL

CENTER 365303VAMC KY VA TW 92,000

0288 FUEL,ETHANOL (E85) 014702024

WILMINGTON VA

MEDICAL CENTER 362101VISN DE VA TW 111,000

0475 DIESEL FUEL (DS2) 015240139

LOCH RAVEN VA

COM LIV &

REHAB CTR 363238G43 MD VA TTWP 299,000

0509 DIESEL FUEL (DS2) 015240139

BALTIMORE VA

MEDICAL CENTER CDGBVAMEDC MD VA TTWP 133,000

0654 DIESEL FUEL (DSS) 015416760 BRECKSVILLE GY2Y7NH10 OH VA TT 150,000

0764 DIESEL FUEL (DSS) 015416760

VA MARYLAND

HEALTH CARE

SYSTEMS 363238VAMD MD VA TTWP 92,000

0786 DIESEL FUEL (DSS) 015416760

WILMINGTON VA

MEDICAL CENTER 362101VAMC DE VA TW 92,000

0808 FUEL,ETHANOL (E85) 014702024

LOCH RAVEN VA

COM LIV &

REHAB CTR 363238G43 MD VA TTWP 95,000

C. The description, quantities, location, delivery hours, equipment, etc. required for this solicitation are listed under B-0001 - B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC

PC&S) (DLA ENERGY JAN 2012).

1. DURING HURRICANE SEASON LOWER QUANTITIES MAY BE ORDERED – for line items along the East coast of DE, MD, VA, and Wash DC. This is to support the Activities during this season when they are required to maintain a higher fuel capacity.

D. SOLICITATION CLOSING DATE: 01 May 2017; 2:00 PM, Eastern Standard Time (EST).

E. PROPOSAL SUBMISSION:

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

Tool (OET).

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

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

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

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

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

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

https://amps.dla.mil/

In the event of technical issues on the part of OET that prevent an offeror to successfully entry offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Lawrence.Watson@dla.mil and Bryan.Sveum@dla.mil to request allowance for offeror’s manual offer submission using Attachment B, Price Data Sheets. Nevertheless the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

2. All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to Lawrence.Watson@dla.mil and Bryan.Sveum@dla.mil

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

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

ENERGY NOV 2011)

I-0006 - I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

INCLUDE: Any Federal Excise Taxes (FET) shall be included in your offer prices.

INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices shall include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S.

Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

G. LATE OFFERS: Please note that offers must be received by 01 May 2017, 2:00 PM Eastern Standard Time (EST). Any offer received after 2:00 PM Eastern Standard Time (EST) will be considered “late” and will be determined unacceptable. Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review FAR 52.212-1 Instructions to Offerors.

H. AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS. While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. The Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range. Therefore, offerors are advised to submit their best prices with their initial offer.

I. CONTRACT TYPE: The fuel requirements issued under this solicitation are for a five (5) year period. Contracts awarded as a result of this solicitation will be a REQUIREMENTS mailto:Lawrence.Watson@dla.mil mailto:Bryan.Sveum@dla.mil mailto:Lawrence.Watson@dla.mil mailto:Bryan.Sveum@dla.mil

TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to Clauses FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21

REQUIREMENTS (OCT 1995).

J. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items applies to this acquisition. Proposals will be evaluated in accordance with FAR Clause 52.212-2 Evaluation -- Commercial Items and FAR 15.101-2; Lowest Price Technically Acceptable. In order to be considered for award an offeror must meet or exceed the technical acceptability standards for the non-price factor set forth in Section M below. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer technically unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

(PLEASE REFER TO SECTION M 52.212-2 EVALUATION - COMMERCIAL)

K. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT (PC&S) (NOV 2011) and B-

0002 B19.27-3 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S)

(ETHANOL) (DLA ENERGY JAN 2012). The base reference date is 02 February 2017.

Offerors should use the publication listed for each line item schedule as the escalation reference for their offer prices.

After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday any deliveries made on Saturday and Sunday will use Fridays Price.) in accordance with solicitation provision DLAD 52.216-9072 Economic Price Adjustment (PC&S) (NOV 2011) based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices daily under “Vendor Resources/Price Adjustments” on the DLA Energy homepage at www.energy.dla.mil

ESCALATORS: The escalator identified on each line item within the schedule shall be the only escalator accepted for pricing evaluation. Any proposal for an alternate escalator shall not be accepted.

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

M. OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non-oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Provision C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY NOV2015) for oxygenate requirements.

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

N. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01 August 2017 through 31 July 2022. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a five (5) years requirement.

O. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of Clause (FAR 52.212-1), INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S), Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

P. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (Alternates I) (OCT 2014) applies to this acquisition. Offerors shall complete this provision in (SAM). SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

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

Q. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the SF1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

R. DUNS NUMBER: Include your company’s Data Universal Numbering System Number in Block 17 on the SF1449 of your Offeror Submission Package (OSP).

S. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF

AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF

CONTRACTS WITH THE GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED

DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION

OF THE GOVERNMENT.

T. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE

RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued.

U. All offerors are also required to complete and submit all forms provided in the Offeror Submission Package, (OSP).

V. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities. Certificates of Analysis may be required upon request and/or when a Pre-Award Survey is requested.

https://www.acquisition.gov/

W. Please reference FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, for additional FAR clauses applicable to the acquisition. All provisions and clauses referenced in this solicitation will be incorporated with any offer received, unless an offeror takes exception. Offerors should send any exceptions taken with their proposal on company letterhead, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

X. POINTS OF CONTACT:

Emergency Situations after Duty Hours

OPERATIONS CENTER,

CONTINGENCY PLANS AND

OPERATION DIVISION (703) 767-8420

Information Regarding Solicitation SPE600-17-R-0210

Points of contact for information regarding this solicitation are:

Lawrence E. Watson Phone (703) 767-9546 Email: Lawrence.watson@dla.mil

AND

Bryan Sveum Phone: (703) 767-9556 Email: Bryan.Sveum@dla.mil

SPECIAL ADDITIONAL NOTES:

NOTE 1: All offerors submitting proposal packages under the subject solicitation must be registered in the Following;

System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow (WAWF) at https://www.wawf.eb.mil (which includes myInvoice) and DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

PRIOR TO BEING ACCEPTABLE BY THE DEADLINE FOR DATE AND TIME OFFERS ARE

SUBMITTED.

NOTE 2: All offers must comply with the instructions in 52.212-1(b) to include at a minimum:

(1) The solicitation number, mailto:ili@dla.mil mailto:Bryan.Sveum@dla.mil https://www.sam.gov/ http://www.wawf.eb.mil/ http://www.dibbs.bsm.dla.mil/

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

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

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

(5) Terms of any express warranty,

(6) Price submitted through PC&S OET with all taxes and fees included

(7) Any discount terms,

(8) Remit to address, if different than mailing address,

(9) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically),

(10) Return a signed copy of all Solicitation Amendments; and

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

NOTE 3: All offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE600-17-R-0210.

NOTE 4: Any contract awarded to a contractor who at the time of award was suspended, debarred or ineligible for receipt of contracts with the government agencies or in receipt of a proposed debarment from any government agency is voidable at the option of the government.

NOTE 5: All offerors are required to furnish copies of specification sheets for all types of fuel offered, commitment letters from suppliers for quantity of fuel offered, and transportation agreements with their offer; if these requested documents are not provided your offer will be determined technically unacceptable. Additionally DLA Energy may also conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production and quality assurance capabilities. Therefore, this information is necessary to determine if secondary pre-award surveys will be required based on offeror’s supplier’s location.

The following clauses are included in full text in this solicitation and/or are incorporated by reference into this Solicitation and offeror submission Packages (OSP). In addition, supplemental DLA Energy provisions are located within the Solicitation or are incorporated by reference.

Contents

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

B-0002 – B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA

ENERGY JAN 2012)

DLAD 52.216-9072 – Economic Price Adjustment - Petroleum Product Price, Post, Camp, and Station

(PC&S)(NOV 2011)

SECTION C: DESCRIPTION / SPECIFICATION

C-0001 – ENERGY QAP C1.02 – ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014)

C-0002 – ENERGY QAP C16.08-1 – TURBINE FUEL, AVIATION (JET A) (DLA ENERGY AUG 2014)

C-0003 – ENERGY QAP C16.08-3 – TURBINE FUEL, AVIATION (JET A) (DLA ENERGY OCT 2014)

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

C-0005 – ENERGY QAP C16.15 – GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014)26

C-0006 – ENERGY QAP C16.23-2 – COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS

C-0007 – ENERGY QAP C16.27 – FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014)

C-0008 – ENERGY QAP C16.38-1 – FUEL OIL, BURNER No. 1 S5000 (DLA ENERGY AUG 2014)

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

C-0010 – ENERGY QAP C16.38-3 – Fuel Oil, Burner No. 4 (DLA ENERGY AUG 2014)

C-0011 – ENERGY QAP C16.38-4 – Fuel Oil, Burner No. 6 (DLA ENERGY AUG 2014)

C-0012 – ENERGY QAP C16.38-6 – Fuel Oil, Burner No. 5 (Light) (DLA ENERGY AUG 2014)

C-0013 – ENERGY QAP C16.64-1 – TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY JAN 2016)34

C-0014 - ENERGY QAP C16.69-1 – GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA

ENERGY DEC 2016)

C-0015 - ENERGY QAP C16.69-2 – GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S)

(DLA ENERGY DEC 2016)

C-0016 – ENERGY QAP C16.69-3 – GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA

ENERGY NOV 2015)

C-0017 – ENERGY QAP C16.69-4 – FUEL SPECIFICATIONS, KEROSENE (KS1) (PC&S) (DLA ENERGY

DEC 2016)

C-0018 – ENERGY QAP C16.69-5 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C-0019 – ENERGY QAP C16.69-7 – GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED

GASOLINE) (PC&S) (MRR) (DLA ENERGY DEC 2016)

C-0020 ENERGY QAP C16.69-8 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (MMR) (DLA ENERGY DEC 2016)

C-0021 – ENERGY QAP C16.69-9 – GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED

GASOLINE) (PC&S) (MPR) (DLA ENERGY AUG 2014)

C-0022 – ENERGY QAP C16.69-10 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 48

C-0023 – ENERGY QAP C16.69-11 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 49

C-0024 – ENERGY QAP C16.69-12 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 51

C-0025 – ENERGY QAP C16.69-13 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 53

C-0026 – ENERGY QAP C16.69-14 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C-0027 – ENERGY QAP C16.69-15 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C-0028 – ENERGY QAP C16.69-16 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

SECTION E: INSPECTION AND ACCEPTANCE

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

FAR 52.246-15 – CERTIFICATE OF CONFORMANCE (APR 1984)

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

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

E-0002 – ENERGY QAP E12 – POINT OF ACCEPTANCE (JUL 2015)

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

E-0004 – ENERGY QAP E21.01 – POINT OF INSPECTION (JUN 2015)

E-0005 – ENERGY QAP E22 – LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

E-0006 – ENERGY QAP E35 – NONCONFORMING SUPPLIES AND SERVICES

E-0007 – ENERGY QAP E37 – SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA

ENERGY DEC 2011)

E-0008 – ENERGY QAP E40.01 – MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE

AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT

DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

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

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

F-0001 – F1.01-1 – DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

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

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

F-0004 – F1.26 – DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-UP (DLA

ENERGY JAN 2004)

F-0005 – F3 – TRANSPORT TRUCK AND /OR TRAILER FREE TIME AND DETENTION RATES (PC&S)

(DLA ENERGY AUG 2005) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

F-0006 – F3.03 – NOTIFICATIONS OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA

ENERGY APR 2005) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

F-0007 – F4 – DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F-0008 – F16 – BARGE UNLOADING CONDITIONS (DLA ENERGY JAN 2012) – SEE OFFEROR

SUBMISSION PACKAGE (OSP)

F-0009 – F20 – AUTOMATIC FILL-UP (DLA ENERGY JAN 2012)

F-0010 – F98 – DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION

FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.204-6 – UNIQUE ENTITY IDENTIFIER (OCT 2016)

FAR 52.219-28 – Post-Award Small Business Program Rerepresentation (JUL 2013)

FAR 52.232-33 – PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

FAR 52.232-35 – DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (JUL 2013)

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

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

SEE OFFEROR SUBMISSION PACKAGE (OSP)

G-0003 – G9.07 – ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DLA ENERGY JAN 2012) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

G-0004 – G150.06 – SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES/PROVISIONS

FAR 52.203-3 – GRATUITIES (APR 1984)

FAR 52.203-6 – RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) ... 107

FAR 52.203-8 – CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY. (MAY 2014)

FAR 52.203-12 – LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

FAR 52.204-7 – SYSTEM FOR AWARD MANAGEMENT (Oct 2016)

FAR 52.204-13 – System for Award Management Maintenance. (OCT 2016)

FAR 52.212-4 – Contract Terms and Conditions -- Commercial Items (Jan 2017)

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

FAR 52.215-8 -- Order of Precedence -- Uniform Contract Format. (Oct 1997)

FAR 52.216-18 – ORDERING (OCT 1995)

FAR 52.216-21 – REQUIREMENTS. (OCT 1995)

FAR 52.219-4 – NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS. (OCT 2014)

FAR 52.219-9 – SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009) (AUG 2016)... 143

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

FAR 52.222-26 – EQUAL OPPORTUNITY. (SEP 2016)

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

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

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

FAR 52.232-17 – INTEREST (MAY 2014)

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

FAR 52.242-13 – BANKRUPTCY (JUL 1995)

FAR 52.247-16 - CONTRACTOR RESPONSIBILITY FOR RETURNING UNDELIVERED FREIGHT (APR

1984)

DFARS 252.204-7012 – SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

DFARS 252.219-7003 – SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (MAR 2016)175

DFARS 252.222-7007 – REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

DFARS 252.226-7001 – UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

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

DLAD 33.103 – Protests to the agency

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

I-0002 – I1.20-2 – CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (PC&S) (DLA

ENERGY JAN 2012)

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

I-0004 – I11.01-2 – ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996)

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

I-0006 – I28.03-2 – TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

I-0007 – I86.03 – DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012)

I-0008 – I174.06 – MANUFACTURING AND FILLING POINTS (UNRESTRICTED) (SDB PEA) (DLA

ENERGY JAN 2012)

I-0009 – I186 – PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009)

I-0010 – I190.06 – MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

I-0011 – I209.09 – EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

[X] LINE ITEM NARRATIVES – SEE SCHEDULE ATTACHMENT A

[X] BASE REFERENCE PRICES – SEE ATTACHMENT B

[X] AMPS ROLE GUIDE – SEE ATTACHMENT C

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

[X] PCS OET VENDOR GUIDE – SEE ATTACHMENT E

[X] OFFEROR SUBMISSION PACKAGE (OSP) – SEE ATTACHMENT F

[X] PRICE DATA SHEET – SEE ATTACHMENT G

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

FAR 52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

FAR 52.209-5 – UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) –

SEE OFFEROR SUBMISSION PACKAGE (OSP)

FAR 52.209-6 – PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT – SEE

OFFEROR SUBMISSION PACKAGE (OSP)

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) – SEE OFFEROR

SUBMISSION PACKAGE (OSP)

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN

2017) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

K0001 – K1.01-7 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(CONT’D) (DLA ENERGY FEB 2009) – SEE OFFEROR SUBMISSION PACKAGE

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

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

K0004 – K33.01 – AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) – SEE OFFEROR

SUBMISSION PACKAGE (OSP)

K0005 – K45.01 FACSIMILE OR ELECTRONIC INVOICING (DLA ENERGY JAN 2012) – SEE OFFEROR

SUBMISSION PACKAGE (OSP)

K-0006 – K150 – WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS AND QUOTERS

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA

ENERGY JAN 2017) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

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

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

FAR 52.216-1 – TYPE OF CONTRACT (ARP 1984)

FAR 52.232-38 – SUBMISSION ON ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER.

(JUL 2013)

DLAD 52.233-9001 – DISPUTES, AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC

2016) – SEE OFFEROR SUBMISSION PACKAGE (OSP)

FAR 52.247-45 – F.O.B. ORIGIN AND/OR F.O.B. DESTINATION EVALUATION (APR 1984)

FAR 52.247-46 – SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN OFFERS (APR 1984) . 194

FAR 52.247-47 – EVALUATION F.O.B. ORIGIN (JUNE 2003)

FAR 52.247-48 – F.O.B. DESTINATION EVIDENCE OF SHIPMENT (FEB 1999)

DFARS 252.232-7003 – ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

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

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

L-0002 – L2.07 – EVIDENCE OF RESPONSIBILITY (DLA ENERGY JAN 1998) ....................... SEE OFFEROR

SUBMISSION PACKAGE (OSP)

L-0003 – L2.11-3 – FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999)

L-0004 – L2.11-4 – E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0005 – L54 – SITE VISIT (DLA ENERGY OCT 1992)

L-0006 – L117 – NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012) – SEE OFFEROR SUBMISSION

PACKAGE (OSP)

SECTION M: EVALUATION FACTORS FOR AWARD

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

M-0001 – M55 – CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0002 – M72 – EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) .. 204

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities.

The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG 3) contract provision for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

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

SUPPLIES, DELIVERY POINTS,

AND METHOD OF DELIVERY ESTIMATED QUANTITY

BIODIESEL (B20) (BDI) 14,219,000 USG

NSN: 9140-01-470-4520

WINTER ULSD #1 (DS1) 9,107,327 USG

NSN:9140-01-524-5174

SUMMER ULSD #2 (DS2) 57,086,000 USG

NSN:9140-01-524-0139

RED-DYED ULSD #2 (DSS) 116,900,317 USG

NSN:9140-01-541-6760

RED-DYED ULSD #1 (DSW) 436,000 USG

NSN:9140-01-541-6767

FUEL OIL BURNER #5 (Lt) (FL5) 3,402,000 USG

NSN:9140-01-058-4431

FUEL OIL BURNER #1 (FS1) 3,820,818 USG

NSN: 9140-00-247-4366

FUEL OIL BURNER #2 (FS2) 8,327,000 USG

NSN: 9140-00-247-4460

FUEL OIL BURNER #4 (FS4) 897,000 USG

NSN: 9140-00-247-4360

FUEL OIL BURNER #6 (FS6) 22,663,128 USG

NSN: 9140-00-247-4354

GASOLINE MID UNL (MUM) 365,000 USG

NSN: 9130-01-272-0383

FUEL ETHANOL (E85) 11,298,000 USG

NSN:9130-01-470-2024

GAS OIL MARINE (MGO) 1,852,000 USG

NSN:9140-01-313-7776

GASOLINE REG UNL (MUR) 3,619,000 USG

NSN: 9130-00-148-7103

GASOHOL MID UNL (GUM) 1,676,000 USG

NSN:9130-01-355-2393

GASOHOL PREM UNL (GUP) 75,000 USG

NSN 9130-01-090-1094

GASOHOL REG UNL (GUR) 23,006,000 USG

NSN:9130-01-090-1093

RFG MIDGRADE UNLEADED (MMR) 1,089,000 USG

NSN: 9130-01-388-4513

RFG PERMIUM UNLEADED (MPR) 156,000 USG

NSN: 9130-01-388-4524

RFG REGULAR UNLEADED (MRR) 31,788,000 USG

NSN: 9130-01-388-4080

GASOLINE PREM UNL (MUP) 145,000 USG

NSN: 9130-00-148-7104

GASOLINE, AVIATION (100LL) (130) 343,195 USG

NSN: 9130-00-179-1122

KEROSENE 1K (KS1) 1,468,000 USG

NSN: 9140-01-292-4460

KEROSENE (RED-DYED) (KSR) 83,000 USG

NSN: 9140-01-461-3989

TURBINE FUEL, AVIATION (JP8) 99,000 USG

NSN:9130-01-031-5816

JET FUEL, TYPE A (JAA) 5,602,000 USG

NSN: 9130-00-359-2026

NOTE: The above requirements are to be delivered via tank truck, tank wagon and/or barge to various Military and Federal Civilian facilities within the COG 3 Region.

SEE ATTACHED “SCHEDULE” FOR LINE ITEM NARRATIVES.

B-0002 – B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL)

(DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

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

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

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

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

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

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

http://www.desc.dla.mil/

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

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

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 575% percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

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

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

(d) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract.

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

(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 contract provision.

(g) MARKET INDICATOR TABLE.

I II III IV V

If company -name of product;

If publication - Base market heading under price as of

Name of which market Location where _02/Feb/2017_ company/ price is published market price (base market date)

Item no. publication and name of product is applicable excludes all taxes)

SEE ATTACHMENT B FOR “REFERENCE ESCALATORS”

DLAD 52.216-9072 – Economic Price Adjustment - Petroleum Product Price, Post, Camp, and 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 02 February 2017.

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

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

(4) Date of delivery means—

(i) For tanker or barge deliveries.

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

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

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

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

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

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places. Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

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

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

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

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

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

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 575% percent (%) of the of the base price in any applicable program year, except as provided below.

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

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

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

(e) Final invoice:…