RFP_SPE60017R0213.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0066888026

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-17-R-0213

5. SOLICITATION NUMBER

2017 MAR 30

6. SOLICITATION ISSUE

DATE

Angel Buckner OML

a. NAME

Phone: 703-767-4421

b. TELEPHONE NUMBER (No Collect calls)

2017 APR 03

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SPE600-17-R-0213

Harrisburg Air National Guard, PA

Your offer must be received in DLA Energy-FEPCA by 3:00 p.m. local Ft Belvoir, VA time on April 3, 2017. Facsimile proposals are not authorized. Do not return the entire solicitation package. Simply complete and return one original of the Attachment I - Offeror Submission

Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

For Verification of Receipt: Contact angel.buckner@dla.mil (703) 767-4421

FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: angel.buckner@dla.mil.. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offeror’s proposals shall be prepared in two separate volumes and provided as shown below:

Volume Required Documents

I a. Attachment I – Offeror’s Submission Package

b. Written Acknowledgment (refer to Note 3)

c. Commitment Letter

d. Transportation Agreement

II a. Specification Sheets

A. Solicitation Number SPE600-17-R-0213 is issued as a Request for Proposal (RFP).

B. This acquisition is issued under Full and Open Competition. The NAICS code is 324110 and the size standard is 1,500 employees.

The point of contact for Small Business Affairs is Mr. Greg Thevenin, telephone (703) 767-9465.

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).

CLOSING DATE: April 3, 2017; 3:00 PM, EASTERN TIME.

C. PROPOSAL SUBMISSION: Offeror(s) shall submit proposals and offer prices for all of the line items as stated.

D. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

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 JAN 2011)

I-0006 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT PRICE (DLA ENERGY JUL 2006)

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

INCLUDE any Federal Excise Taxes (FET) in your offer prices.

INCLUDE any State and Local environmental, oil spill taxes, and inspection fees in your offer price, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

LATE OFFERS: Please note that offers must be received by, April 3, 2017, 3:00 PM Eastern Time. Any offer received after 3:00 PM will be considered “late” and may be determined unacceptable. Offeror(s) assume all risk for any delay in the transmission of their proposals.

Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 Instructions to

Offerors.

AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014), Lowest Price Technically

Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later mailto:angel.buckner@dla.mil determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

E. CONTRACT TYPE: The fuel requirements issued under this solicitation are for a five (5) month period. Contracts awarded as a result of this solicitation will be REQUIREMENTS 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).

F. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Proposals will be evaluated in accordance with Lowest Price Technically Acceptable selection process. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to DLAD 52.216-9073 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 18 November 2015. 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) in accordance with solicitation provision DLAD 52.216-9073 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 http.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.

ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be date of Award through August 31, 2017. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a four (3) month requirement.

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 160 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

SYSTEM FOR AWARD MANAGEMENT (SAM): FAR registration is required prior to contract award. FAR provision 52.212-3, Offeror

Representations and Certifications – Commercial Items (Alternates I/II)(MAR 2015/OCT 2014) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM) system. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

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

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the SF

1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

DUNS NUMBER: Include your company’s Data Universal Numbering System Number in Block 17 on the SF1449 of your Offeror

Submission Package.

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.

ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY AMENDMENTS TO THIS

SOLICITATION. You may do this by completing Block 8 and signing and returning one (1) copy of the amendment.

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

H. 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.

I. All provisions and clauses referenced will be incorporated with any offer received.

J. POINTS OF CONTACT:

Emergency Situations after Duty Hours

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Solicitation SPE600-17-R-0213

Points of contact for information regarding this solicitation are:

Crystal Willis

Acquisition Specialist

Phone (703) 767-8392

Email: janet.richards@dla.mil

Angel L. Buckner

Contracting Officer

Phone (703) 767-4421

Email: angel.buckner@dla.mil

ADDITIONAL NOTES:

NOTE 1: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL PACKAGES UNDER THE SUBJECT SOLICITATION MUST

BE REGISTERED in the 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: TO BE VALID, ALL OFFERS MUST COMPLY WITH THE INSTRUCTIONS IN 52.212-1(b) TO INCLUDE AT A

MINIMUM:

(1) The solicitation number,

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

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

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

(5) Terms of any express warranty,

(6) Price submitted through PC&S OET with any taxes included indicated

(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: TO BE VALID ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE600-17-R-0213 .

NOTE 4: All Offerors are REQUIRED TO FURNISH COPIES OF SPECIFICATION SHEETS FOR ALL TYPES OF FUEL OFFERED

AND COMMITMENT LETER FOR QUANTITY OF FUEL AND TRANSPORTATION AGREEMENTS WITH YOUR

OFFER, IF NOT PROVIDED YOUR OFFER WILL BE DETERMINED UNACCEPTABLE. As part of the evaluation process, supplier and transportation agreements must be submitted with your offer in order for it to be considered for award. DLA Energy may 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.

NOTE 5: LATE OFFERS: Please note that offers must be received by April 3, 2017, 3:00 PM Local Time, Fort Belvoir, VA. Any offers received after the above deadline will be deemed “late” and not be considered.

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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) .. 10

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

C-0002 C16.08-1 TURBINE FUEL, AVIATION (JET A/JET A-1) (BULK) (DLA ENERGY MAR 2014) C-0003 C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) ........................ ERROR! BOOKMARK NOT DEFINED.

C-0004 C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY SEP 2011) ........... ERROR! BOOKMARK NOT

DEFINED.

C-0005 C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY JUN 2009) ......................... ERROR! BOOKMARK NOT DEFINED.

C-0006 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST)

(WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY NOV 2015) ................................. ERROR! BOOKMARK NOT DEFINED.

C-0007 C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY NOV 2015) ..............ERROR!

BOOKMARK NOT DEFINED.

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

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

E-0002 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0005 E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DLA ENERGY MAR 2000)

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984)

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 TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005)

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

F-0008 F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA

ENERGY OCT 1992)

SECTION G - CONTRACT ADMINISTRATION DATA

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

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD MANAGEMENT (JUL. 2013) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 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)

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY

JUL 2007) 28

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEPT 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

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

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

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

COMMERCIAL ITEMS (MAR 2016)

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

52.216-21 REQUIREMENTS (OCT 1995)

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

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.233-1 DISPUTES (MAY 2014), ALT I (DEC 1991)

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.242-13 BANKRUPTCY (JUL 1995)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

52.233-9000 AGENCY PROTESTS (NOV 2011)

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) 52.249-9000 ADMINSTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT ADMINISTRATIVE COSTS OF

REPORCUREMENT AFTER DEFAULT (MAY 1988)

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

1996)

I-0004 I2.03 CHANGES - FIXED-PRICE (DEVIATION) (DLA ENERGY JAN 2012)

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

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

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

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

I-0009 I174.06 MANUFACTURING AND FILLING POINTS (UNRESTRICTED) (SDB PEA) (DLA ENERGY JAN 2012) I-0010 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) I-0011 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

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

SECTION J – LIST OF ATTACHMENTS

ATTACHMENT I OFFEROR SUBMISSION PACKAGE

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016)

ALTERNATE I (OCT 2014)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) ALTERNATE I (SEPT 2015)

ALTERNATE I (SEP 2015)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY

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

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

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

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

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) ............. ERROR! BOOKMARK NOT DEFINED.

K-0003 K45.01 FACSIMILE OR ELECTRONIC INVOICING (DLA ENERGY JAN 2012)............. ERROR! BOOKMARK NOT

DEFINED.

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014) ..

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (JUL 2013)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

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

L-0002 L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND SOCIOECONOMIC PLAN

SUBMISSIONS (DLA ENERGY FEB 2015)

L-0003 L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989)

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)

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

52.215-9023 REVERSE AUCTION (OCT 2013)

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

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

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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 2) 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.

Quality Technical Provisions

TURBINE FUEL,AVIATION,JAA,3.22

9130-003592026

PR #: 0066888026

IAW BASIC QAP 52838 ENERGY-QAP-C16.08-1

REVISION NR A DTD 08/01/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1.21

REVISION NR A DTD 02/01/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01

REVISION NR A DTD 07/08/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR B DTD 04/04/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR

SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

PR #: 0066888026

Item: 0001

Quantity:200,000 UG6

Period of Performance: 04/10/2017-08/31/2017

Escalator: PDNYSPTJTK- PLATTS DAILY NY SPOT JET KERO

Base-Ref: 03/24/2017 Base-Price: 1.470100

NSN Delivery Identification State

9130-003592026 (JAA) HARRISBURG - ANG HARRISBURG IAP PA

TURBINE FUEL,AVIATION

Region Throughput SPLC

EG 234000270

Delivery Address: 83 OLMSTED MIDDLETOWN PA 17057

Service Code Delivery DODAAC Ordering Office DODAAC

AFNG SE5F2K SE5F2K

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BULK:TRUCK 100 O/D

No. of Tanks Capacity Type Tank Location

3 6000 MOBILE TANK LOC: AT HARRISBURG INT'L AIRPORT

Delivery Notes: Customer must pick up fuel from the Harrisburg Airport flight line via Tank Truck. Additives are to be added during load into truck.

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.

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

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

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

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

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

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

TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

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

(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 375 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

Item no.

Name of company/publication

If company – name of product; If publication – heading under which

Location where market price is applicable Base market price as of market price is published and name of product

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 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.

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

Jet A shall conform to the requirements of ASTM D 1655, Standard Specification for Aviation Turbine Fuels, except as modified below, at the custody transfer point

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-00-359-2026 Turbine Fuel, Aviation, Jet A JAA

(a) ADDITIVES. (1) Additives shall not be premixed with other additives before injection into the fuel.

(2) FUEL SYSTEM ICING INHIBITOR (FSII). When required by contract line item- (i) FSII shall be added to the fuel and shall be Diethylene Glycol Monomethyl Ether (DIEGME) conforming to ASTM D4171, Standard Specification for FSIIs, Type III or MIL-DTL-85470B, dated June 15, 1999, Inhibitor, Icing, Fuel System, High Flash, NATO Code Number S-1745.

(ii) FSII shall be added to the fuel so that the resulting concentration in the final blend is between 0.07% and 0.10% by volume.

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

(3) CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When required by contract line item- (i) The additive must conform to MIL-PRF-25017H with Amendment 1, dated August 4, 2011 Inhibitor, Corrosion/Lubricity Improver, Fuel Soluble

(NATO S-1747), 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.

(ii) The concentration of CI/LI added to the fuel must be between the minimum effective concentration and the maximum allowable concentration as listed for the CI/LI in QPL-25017.

(4) STATIC DISSIPATER ADDITIVE (SDA). When required by contract line item- (i) SDA shall be added to the fuel and the conductivity limits of 50 to 600 picosiemens per meter (pS/m) at ambient temperature or 29.4 o

C (85 o

F), whichever is lower, unless otherwise directed by the procuring activity.

(5) METAL DEACTIVATOR (MDA). MDA shall not be used unless the supplier has obtained PRIOR written consent from the procuring activity.

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

(b) SPECIFICATION MODIFICATIONS

(1) Microseparometer (MSEP).

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

Jet-AAdditive MSEP Rating, min.

Fuel System Icing Inhibitor (FSII) 85

Corrosion Inhibitor/Lubricity Improver

(CI/LI)

Fuel System Icing Inhibitor (FSII) and

Corrosion Inhibitor/Lubricity Improver

(CI/LI)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the

Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the

Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the

Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the

Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the

Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

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

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

Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

E-0002 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

(a) When Government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF

INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE clause of this contract, whichever is applicable.

(1) For f.o.b. origin contract items, inspection will be performed at origin.

(2) For f.o.b. destination contract items, inspection will be performed at destination.

(3) For f.o.b. destination contract items for bulk aviation fuels delivered via tank truck and tank wagon, a preliminary inspection for quality will be performed at origin.

(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, preliminary inspection for product quality will be performed at the point of manufacturing or blending. If the point of blending is different from the point of manufacturing of component stocks, inspection of component stocks may be performed at their point of manufacturing. Inspection for product quality, and for proper filling and packaging, may be performed at the point of filling. Final inspection will be at the f.o.b. point.

(b) When Government inspection is to be performed, the Contractor shall ensure that the responsible Inspection Office is provided with sufficient advance notification and information to facilitate such inspection. After initial notification, the Contractor shall keep the

Inspection Office informed of any changes that may affect that inspection.

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a…