Attachment_1-Clauses_and_terms_and_conditions_Belgium_PP_1.8L.pdf

PP 1.8L BENELUX SPE60017R0219 ATTACHMENT 1

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE600-17-R-0219

DLA ENERGY DIRECT DELIVERY PURCHASE PROGRAM 1.8L BENELUX

THE ENCLOSED SOLICITATION COVERS THE PERIOD:

ORDERING: OCTOBER 01, 2017 THROUGH September 30, 2022 DELIVERIES: OCTOBER 03, 2017 THROUGH October 31, 2022

ISSUING OFFICE:

DLA Energy FEPCB 8725 John J. Kingman Road, Suite 4950 Fort Belvoir,VA 22060-6222

TYPES OF FUEL SOLICITED:

DISTILLATES AND RESIDUALS FOR DEPARTMENT OF DEFENSE AND NATO IN THE

COUNTRIES OF BELGIUM, NETHERLANDS AND LUXOMBURG.

POINTS OF CONTACT FOR INFORMATION:

JOAN SHEEHAN JUEBILINE MBANDI

(703) 767-9522 (703)767-8580

JOAN.SHEEHAN@DLA.MIL JUEBILINE.MBANDI@DLA.MIL

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

ADDITIONAL INFORMATION:

SEE ATTACHED PAGES

mailto:JOAN.SHEEHAN@DLA.MIL mailto:JUEBILINE.MBANDI@DLA.MIL http://www.energy.dla.mil/

SPECIAL INSTRUCTIONS

A. Solicitation Number SPE600-17-R-0219 is issued as a Request for Proposal (RFP).

B. This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. The NAICS code is 324110 and the size standard is 1,500 employees and no more than 125,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity.

C. The description, quantities, locations, delivery hours, equipment, etc. required for this solicitation are listed under Solicitation Provision B-0001 - B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS

PC&S) (ALASKA/HAWAII)(DLA ENERGY JAN 2012)

D. CLOSING DATE: 7 JULY 2017 3:00PM, FORT BELVOIR EASTERN TIME.

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 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.

In the event that OET is not working properly, offer prices may be submitted via email to JoAn Sheehan, by completing Attachment 3, Price Data Sheets. You must have a help desk ticket # in the subject line as well as the solicitation number and closing date and time. Do not leave entering your offer prices until the last minute.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to joan.sheehan@dla.mil https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:joan.sheehan@dla.mil

LATE OFFERS: Please note that offers must be received by _7 JULY 2017 ________ 3:00PM, Eastern Time. Any offer received after 3:00 PM will be considered “late” and may not be further considered. 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 – COMMERCIAL ITEMS regarding late offers. Please do not wait until the last minute and not be able to get on the OET WEBsite unless the entire www is affected.

AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of 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 contract(s) without discussions, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, offerors 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 contract(s) after conducting discussions with offerors whose proposals have been determined to be within the competitive range.

H. CONTRACT TYPE: This is a Five (5) year long-term solicitation for gasoline, fuel oil burner #2 and diesel fuel.. Contracts awarded, as a result of this solicitation, will be REQUIREMENTS TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

F. EVALUATION:

Proposals will be evaluated pursuant to FAR 52.212-2, "Evaluation – Commercial Items," and FAR 15.101-2, "Lowest Price Technically Acceptable Source Selection Process." In order to be considered for award, an offeror must meet or exceed technical acceptability standards for the following non-price factor: Supplies; Terms and Conditions.

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.

FAR 52.212-2 "Evaluation -- Commercial Items" The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factors shall be used to evaluate offers:

PRICE

SUPPLIES; TERMS AND CONDITIONS

In order to be considered for award, an offeror must meet or exceed the technical acceptability standards for Supplies; Terms and Conditions as follows:

1. Acceptable Supplies; Terms and Conditions shall be defined as an offer that meets the minimum requirements of the Solicitation, including the Government’s product specification requirements and delivery requirements.

2. Unacceptable Supplies; Terms and Conditions shall be defined as an offer that does not meet the minimum requirements of the solicitation.

G. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE:

Refer to DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT PETROLEUM PRODUCT PRICE, POST CAMP & STATION (PC&S) (NOV 2011). The fill-in for DLAD 52.216-9072(c)(4) is 575%. Refer to 52.216-9072 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S)(NOV 2011). In accordance with this clause, the contractor must propose a basis for price escalation with its offer. If the basis for price escalation proposed by the contractor is determined acceptable by DLA Energy, the contractor’s offer will be evaluated in accordance with Clause M3.01, EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA Energy JAN 1998). The base reference date for this solicitation is 24 April 2017.. Contract prices will escalate daily based upon updated prices as referenced in the prescribed escalation publications. Please note that price changes are not based on product cost or vendor profit margin.

After award DLA Energy will provide updated contract prices on the DLA Energy homepage at http.www.energy.dla.mil.

H. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through 30 September 2022. Quantities stated in the SCHEDULE represent the government’s best estimates covering a four (5) year requirement.

I. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to the addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERERCIAL ITEMS (OCT 2015) paragraph (c), Offerors agree to honor prices stated 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.

J. TAX AND FEE INFORMATION: NO TAXES APPLY DUE TO MOU AND SOFA AGREEMENT

WHICH EXEMPTS DoD and NATO from taxes.

K. SITE VISITS: You are directed to Provision L-0003, L54, SITE VISIT, please note that it is the responsibility of the Offeror to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. DLA Energy encourages all potential Offerors to call or visit the sites in which they intend to submit an offer. If you do not have the time or resources to do a site visit, any assumptions you make that are affected during performance is at your own risk. Discuss with the Contracting Officer if you have any questions.

L. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (NOV 2015) with Alternate I, 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:

http://www.energy.dla.mil/ https://www.acquisition.gov or by calling 1-866-606-8220.

M. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code.”

N. DUNS NUMBER: Insert your company’s Data Universal Numbering System (DUNS) number within Block 17a of the SF 1449.

O. 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 or is in receipt of a proposed debarment from any government agency is voidable at the option of the government.

P. ACKNOWLEDGEMENT OF AMENDMENTS: Offerors must acknowledge receipt of any amendments issued to this solicitation. Offerors must acknowledge amendments by completing Block 8 of the SF 30; and signing and returning one (1) copy of the amendment with its offer.

Q. NOTIFICATION OF SUPPLIER AND TRANSPORTATION AGREEMENTS: Offerors shall furnish copies its supplier and transportation agreements with its offer.

R. CERTIFICATES OF ANALYSIS: Offerors shall furnish copies of certificates of analysis for all proposed products with its offer. If the fuel terminals do not have a copy, you must still submit from the sources the terminal uses. You may have your own test reports from a certified laboratory of a sample taken by a certified laboratory technician if that will be the easiest way for you to get the specifications to illustrate they meet the commercial standards requested herein.

S. POINTS OF CONTACT:

Emergency Situations after Duty Hours:

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Solicitation SPE600-17-R-0219

Contract Specialist: JoAn Sheehan Phone: (703) 767-9522 Email: JoAn.Sheehan@dla.mil

Contracting Officer: Juebiline Mbandi Phone: (703) 767-8580 Email: Juebiline.Mbandi@dla.mil

SUMMARY OF OFFER REQUIREMENTS:

1. To be valid, all offerors submitting proposals under the subject solicitation must be registered in the following systems:

a. System for Award Management (SAM) at https://www.sam.gov, mailto:joan.sheehan@dla.mil mailto:Juebiline.mbandi@dla.mil https://www.sam.gov/ b . Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

c. DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE

DATE AND TIME.

2. Offer prices must be submitted through the PC&S OET web tool. See instructions below for information on how to gain access to the PC&S OET web tool.

3. The remainder of the offer, to include the OSP and all of the documents listed below must be emailed to joan.sheehan@dla.mil by the offer submission due date and time.

a. All offers must comply with the instructions in FAR 52.212-1(b), which requires that offers include:

(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 and any discount terms,

(7) “Remit to” address, if different than mailing address,

(8) 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),

(9) Return a signed copy of all solicitation amendments; and

(10) 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.

(11) 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 SP060017-R-0219 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-0219.

b. Offerors are required to furnish copies of their supplier and transportation agreements with the offer.

c. Offerors shall provide a copy of their SAM registration with their offer.

d. Offerors shall furnish copies of certificates of analysis for all proposed products with the offer.

ALTERNATIVELY, THIS REQUIREMENT CAN BE TERMINAL SPECIFICATIONS OR

REFINERY SPECIFICATIONS BUT CHANGES AFTER AWARD WILL NOT BE

ACCEPTABLE WITHOUT CO PERMISSION. NO FUEL FROM RUSSIA NOR IRAN IS TO

BE COMINGLED AND A CERTFICATION IN THE OFFER STATING AS MUCH MUST BE

MADE.

e. Offerors shall submit a signed Standard Form (SF) 1449, “Solicitation/Contract/Order for Commercial Items,” provided herein.

f. Offerors shall submit completed copies of all fillable clauses provided herein.

g. Offerors shall provide pricing via the Post Camps & Stations (PC&S) Offer Entry Tool (OET). See the section titled “Special Instructions” within the solicitation for additional information on the PC&S OET system. In accordance with the Special Instructions provided in the solicitation, offer prices must be submitted via PC&S OET. Offerors may only submit the Price Data Sheets provided under Attachment 3 in the event that PC&S OET is not working properly.

h. Offerors shall review all offer prices submitted via PC&S OET. Offers must show as price per gallon (e.g. $0.000000), not price differentials.

i. Offerors shall review their offers for accuracy prior to submission. Initial all changes and sign and date the SF 1449 in ink.

j. Electronic Proposals shall be submitted in accordance with Solicitation Provision L0002, L2.11-4 E-MAIL PROPOSALS (DLA Energy OCT 2010). Submit proposals via email to:

joan.sheehan@dla.mil and Juebiline.mbandi@dla.mil.

k. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation, and accepts that these terms and conditions are applicable to the offer unless exceptions are clear and presented on company letterhead to the Contracting Officer with a reason why it should be considered and what cost-savings can be realized if the exception is granted.

mailto:Juebiline.mbandi@dla.mil

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

POST CAMPS & STATIONS (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 April 24, 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 condition--the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

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

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 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: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(f) Publications. The following publication(s) are used:

1. Fuel Oil Burner #2 (FS2)/NSN: 9140-00-247-4365.

Date: 24 April 2017 Platts Escalator: Platts CIF NWE Cargoes Gasoil 0.1% Platts Date: 24 April 2017 Platts Code: AAYWS00 Price per USG: $1.460514 Leslie EBS Code: . PDCIFNWEOL

2. Gasoline, Premium (ULG)/NSN: 9130-01-527-5763.

Platts Escalator: Platts CIF NWE Cargoes Gasoline 10 ppm Platts Date: 24 April 2017 Platts Code: AAXFQ00 Price per USG: $1.547465 Leslie EBS Code: PDCIFNWEG

3. Diesel Fuel, 10 PPM Maximum Sulfur/NSN: 9140-01-556-9156.

Platts Escalator: : Platts CIF NWE Cargoes ULSD 10 ppm Platts Date: 24 April 2017 Platts Code: AAVBG00 Price per USG: $1.491437 Leslie EBS Code:PDCIFNWEUD

B001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA

ENERGY JAN 2012)

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

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

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as five-year requirements.

SCHEDULE OF SUPPLIES

SEE SCHEDULE PRINTED OUT BY EBS FOR LOCATIONS.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001, ENERGY QAP C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s).

C-0002, ENERGY QAP 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.

SECTION E: INSPECTION AND ACCEPTANCE

NOTE: For full text, see Information to offerors.

DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010)

(a) Inspection and Acceptance are:

Inspection point: [ X ] Destination [ ] Origin [ ] Elsewhere Acceptance point: [ X ] Destination [ ] Origin

E-0001, ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY 04/04/2016)

E-0002, ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY

DEC 2011)

E-0003, ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S)

(DLA ENERGY DEC 01, 2011 )

http://quicksearch.dla.mil/

SECTION F: DELIVERIES OR PERFORMANCE

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

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

(b) The permissible variation shall be limited to:

___10________ Percent increase

__ 10_________ Percent decrease

This increase or decrease shall apply to __EACH DELIVERY ORDER

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

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2012)

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

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

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

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

(2) Receiving tank measurements.

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

(ii) DELIVERIES BY RAIL TANK CAR.

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

(1) Calibrated meter on the receiving tank system;

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

(3) Receiving tank measurements.

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

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

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

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

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

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

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

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

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

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

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

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

(A) Certified loading rack meter;

(B) Weight, using calibrated scales; or

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

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

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(1) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

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

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

(b) MEASUREMENT RESTRICTIONS. All methods of measurements described in this contract provision are subject to government safety and environmental restrictions, foreign or domestic.

Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibration standards. In addition, the following specific standards will be used as applicable:

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

Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine and the 2004 version of the standard will be the referee method.

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

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

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

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

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

(vi) As an option to (c)(1)(v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

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

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

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

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

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) Due date for next calibration;

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

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

(vii) Calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter recordings and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

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

TABLE F1.09-2A

CONVERSION FACTOR TABLE

Density @ 15°C

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

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

0.723 – 0.768 3.78286 0.264350

0.769 – 0.779 3.78309 0.264334

0.780 – 0.798 3.78334 0.264317

0.799 – 0.859 3.78356 0.264301

0.860 – 0.964 3.78381 0.264284

0.965 – 1.074 3.78405 0.264267

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

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

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

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

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

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

(1) The quantities shown on the shipping document (volume corrected loading rack meter tickets) will be accepted as the quantity received, provided that any differences between that quantity and the Government’s receipt tank measurement at destination does not exceed one half of one percent (0.5%) of the amount on the shipping document.. If the difference is greater than one half of one percent (0.5%), the quantity determined by the Government using receipt tank measurements at destination will be used for acceptance and payment provided receipt tank measurements are identified in the Schedule as an approved quantity determination method for that line item. Quantity measurements using the methods specified in section (a)(1)(iii)(A) (1-3) above will be used for acceptance and payment regardless of any discrepancy with a loading rack meter ticket.

(2) If, the Government’s receipt tank quantity measurement varies by more than one half of one percent (0.5%) from the Contractor’s quantity measurement, the parties may conduct a joint investigation) of the variation in order to identify the cause of the discrepancy. Any quantity discrepancy that cannot be settled by the parties and results in a dispute shall be resolved under the Disputes provisions of the contract.

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

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email https://www.dibbs.bsm.dla.mil/ address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number;

contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

F-0004, F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the

Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: DATE OF AWARD and ends: SEPTEMBER 30, 2022.

http://www.sam.gov/

(2) Delivery period begins: _72 hours after start of ordering period and ends: 30 days after end of ordering period.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s).

F-0005 , F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992)

(a) The Contractor shall comply with National Fire Protection Association (NFPA) standards and any other Federal, State, or local safety measures and environmental requirements applicable to the geographic location of the receiving activity. Special attention should be given to the safety measures required for items calling for truck-to-truck or truck-to-drum delivery of motor gasoline or aviation fuels (section 5 of the NFPA 30 standards for such measures as static protection, bonding/grounding procedures, etc.).

(b) The Contractor shall be responsible for using delivery conveyances that carry vapor recovery systems compatible with the storage/equipment used to receive motor gasoline or aviation fuel at the receiving activity. Further, the vapor recovery system on each conveyance shall be in compliance with the regulations promulgated by the U.S. Environmental Protection Agency or any other responsible State or local authority having jurisdiction over recovery of gasoline vapors.

SECTION G: CONTRACT ADMINISTRATION DATA

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

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor…