3-Aerospace_Clauses_&_Contract_Text.pdf

Aerospace Clauses and Contract Text

SPE601-19-R-0307 Page 1 of 32

SECTION B – SUPPLIES/SERVICES AND PRICES

B0001 B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY)

(DLA ENERGY JAN 2012)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN QUANTITY clause.

(b) The following provisions apply ONLY if the applicable box is checked:

(1) [ X ] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the DLA Energy Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order,” for the purposes of this contract provision.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract provision

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the

Blanket Delivery Order issued by the DLA Energy Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

(4) [ X ] The unit prices specified below shall be fixed for the term of the contract.

(5) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause or contract provision, as contained in the solicitation and any resultant contract. See [buyer fills in the appropriate EPA clause or contract provision.]

(6) [ X ] Items of this contract call for FOB Destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) All product CLINs, if awarded FOB Destination.

(7) [ ] FOB Destination item(s) called for under this contract shall have shipment quantity determinations performed at destination.

(8) [ X ] Items of this contract call for FOB Origin delivery, unless the item specifies otherwise.

Inspection and acceptance will be at origin. Applicable to CLIN(s) All product CLINs, if awarded FOB Origin.

(9) [ ] Any offers received for less than the full quantity for each line item will be rejected by the Government.

(10) [ ] A copy of the certified weight ticket shall accompany each shipment.

SPE601-19-R-0307 Page 2 of 32

(11) [ X ] A copy of the Certificate of Analysis shall accompany each shipment.

(12) [ X ] An original and one (1) copy of the H-14 Transport Equipment Delay Certificate shall be provided with each shipment, if applicable.

INTENTIONALLY LEFT BLANK

SPE601-19-R-0307 Page 3 of 32

SECTION C –

C0001 C19.04 REMOVAL OF WATER BOTTOMS (DLA ENERGY FEB 1998)

Storage tanks for DLA Energy use shall be equipped with positive water sumps for removal of all water bottoms. All storage tanks shall be drained of water a minimum of once each week and whenever storage tank gauging indicates water is present. Weekly water drainage is necessary because the datum plate may not necessarily be the low point in the storage tank. Water could possibly accumulate below the datum plate and not show up in the gauging process.

Additionally, all storage tanks shall be drained of water prior to any transfer of fuel and after a minimum of 4 hours or maximum of 24 hours settling time following each product receipt. Storage tanks equipped with floating roofs shall be gauged for water after each rain and drained if water is found present. Product and water levels shall be gauged before and after the draining of water. Water gauges of each storage tank shall be taken and recorded each time it is gauged for product. Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s). This system shall have the capability to return separated product back into the same storage tank.

SPE601-19-R-0307 Page 4 of 32

SECTION D – PACKING AND MARKING

D0001 D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DLA ENERGY MAR 2009)

(a) The Contractor shall be responsible for ensuring the hazardous materials shipment is in full compliance with all applicable packaging/packing, marking, labeling, placarding, blocking and bracing, and palletizing and shipping certifications in force and effect on the date of the shipment in accordance with the following applicable rules and regulations for the individual hazard, ultimate destination, and mode of transportation:

(1) Title 49 of the Code of Federal Regulations (49 CFR) -- Packaging.

(2) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(3) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(4) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of

Dangerous Goods by Air.

(5) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(6) MIL-STD 129, Standard Practice for Military Marking (for military destinations).

(7) MIL-STD-147, Department of Defense Standard Practice, Palletized Unit Loads.

(8) ASME MH 1.8, Wood Pallets.

(b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.

D0002 D14 DRUM REQUIREMENTS (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

(a) Drums shall be 55-gallon capacity steel drums meeting, as a minimum, the Performance-Oriented Packaging (POP) wall thickness and testing criteria for the UN 1A1 specification packaging of Packing Group (PG) III hazardous materials, as specified in Title 49 of the Code of Federal Regulations (49 CFR).

(b) Drums shall meet the following specifications:

(1) The interior of the drums shall be lined with epoxy coating conforming to MIL-PRF-4556.

(2) The exterior of the drums shall be phosphatized.

(3) Bungs need not be painted.

(4) Cap seals shall be applied to each bung and vent closure prior to shipment.

D0003 D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DLA ENERGY OCT 2006)

(a) The Contractor shall place tamper-indicating devices (TIDs) such as a seal or cap on the shipping container(s) immediately after filling and sampling. The TIDs shall be placed on the containers in such a manner that pilferage or tampering of the product could only be accomplished by breaking or otherwise destroying the TID. This may require the application of several TIDs on each shipment container.

(b) Where possible, the TID shall be printed with a serial number. The container number and TID number(s) shall be recorded on the certificate of analysis and on the shipping documents. Monthly equipment inventory reports provided to DLA Energy by the Contractor shall include container numbers as well as corresponding TID numbers.

(c) TIDs shall not be removed from a container unless authorized by DLA Energy. If a TID is broken or no longer intact, the Contractor shall contact the Contracting Officer for further instructions. If the Contractor is instructed to place a

SPE601-19-R-0307 Page 5 of 32 new TID on the container, the new TID number (if applicable) shall be noted, along with the container number, as stated in paragraph (b) above.

D0004 D20 PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS (AEROSPACE ENERGY)

(DLA ENERGY APR 2006)

Pallets shall be constructed in accordance with one (1) of the following guidelines: MIL-HDBK 774, Department of Defense Handbook, “Palletized Unit Loads”; or ASME/ANSI MH 1.8H or Contractor’s equivalent.

SPE601-19-R-0307 Page 6 of 32

SECTION F – DELIVERIES AND PERFORMANCE

F0001 F1.09-7 DETERMINATION OF QUANTITY (RP FUELS) (AEROSPACE ENERGY) (DLA ENERGY JUN 2008)

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

(1) PRODUCT OFFERED FOR PROCUREMENT AND STORAGE INTO ON-SITE STORAGE TANKS.

(i) Product produced for storage into on-site U.S. Government owned or leased storage tank(s) shall have the quantity determined by one (1) of the following methods:

(A) Level determination by properly calibrated and certified level meter (electronic or other) and converted to volume on the basis of certified capacity tables.

(B) Weight measurement through the use of certified load cells on the storage tank and converted to gallons.

(C) Other means approved by the DLA Energy Contracting Officer.

(ii) The Government has the right to have a representative present to witness the measurement of quantity.

(2) DELIVERIES INTO OR BY TANK TRUCK/TRUCK, TRAILER/TANK WAGON, DRUMS AND RAIL CARS.

(i) F.O.B. ORIGIN.

(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—

(a) Certified capacity table of the conveyance loaded;

(b) Calibrated meter; or

(c) Weight, using calibrated scales.

(B) The Government has the right to have a representative present to witness the measurement of quantity.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity may be determined at the receiving activity on the basis of—

(1) Weight, using calibrated scales; or

(2) A calibrated meter on the receiving tank system.

(3) The Contractor has the right to have a representative present to witness the measurement of quantity.

(B) If the Government does not elect to use the methods in (A) above, the quantity shall be determined (at the

Contractor’s option) on the basis of—

(1) Calibrated meter;

(2) Certified capacity tables. The tables must be made available at the time of delivery;

(3) Certified tank calibration markers. Certified tank calibration markers will not be accepted unless the conveyance is full to the marker and the entire quantity is delivered; or

(4) The net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales.

This quantity must be mechanically imprinted on the loading rack meter ticket that is generated by the loading rack meter or calibrated scales.

(5) The Government has the right to have a representative present to witness the measurement of quantity.

SPE601-19-R-0307 Page 7 of 32

(iii) WATER BOTTOMS.

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

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

(b) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for--

(1) All product volumes measured in storage tanks, tankers, barges, pipeline tenders, and rail cars; and

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks, trailers, and tank wagons, which are in excess of 500 gallons.

(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 continental U.S., 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. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91-1), Volume II, Tables 5B and 6B (or Volume VIII, Tables 53B and 54B). Either the printed version or the computer subroutine versions of the standard may be used. In case of disputes, the computer subroutine shall be the referee method.

(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.

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

F0002 F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES)

(AEROSPACE ENERGY) (DLA ENERGY APR 2006)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined according to one (1) of the following methods:

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined by a calibrated flow meter.

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of a calibrated flow meter.

(B) The Contractor has the right to have a representative witness quantity measurements performed by the

Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see schedule), the

Contractor shall determine quantity on the basis of a calibrated flow meter.

(D) The Government retains the right to have a representative witness quantity measurements performed by

SPE601-19-R-0307 Page 8 of 32

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined (at the Contractor's option) on the basis of—

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Government retains the right to have a representative witness quantity measurements performed by

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of—

(a) Calibrated flow meter.

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see Schedule), the

Contractor shall determine quantity on the basis of—

(a) Calibrated flow meter.

(D) The Government retains the right to have a representative witness quantity measurements performed by

(b) MEASUREMENT STANDARDS. Weight scales used in determining net shipping volumes shall be certified as calibrated within the frequency required by local regulation. If no local regulation exists, the frequency of calibration shall be conducted in accordance with weight scale manufacturer recommendation or every six (6) months, whichever is more frequent. All flow meters used in determining product volume shall be calibrated within 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 six(6) months, whichever is more frequent. Pressure gauges and thermometers used to calculate fill quantities for gaseous cylinders and tube trailers shall be calibrated at least every six (6) months. The net quantity shipped shall be reported on the DD Form 250 or commercial equivalent, whichever is applicable.

F0003 F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY)

(DLA ENERGY APR 2006)

The Contractor shall be responsible for ensuring the transportation of hazardous materials is in full compliance with all applicable rules and regulations below that are in force and effect on the date of the shipment for the individual hazard, ultimate destination, and mode of transportation:

(a) Title 49 of the Code of Federal Regulations (49 CFR) -- Transportation.

SPE601-19-R-0307 Page 9 of 32

(b) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(c) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(d) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous

Goods by Air.

(e) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

F0004 F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (F.O.B.

DESTINATION) (AEROSPACE ENERGY) (DLA ENERGY DEC 2007)

(a) The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time will commence at the time the Contractor’s transport truck or truck and trailer arrives at the delivery destination (receiving tank identified in the contract) and will end when the carrier is released. For items involving multiple drops, time between drops will not be included in the free time. The attached Form H-14, Transport Equipment Delay Certificate, shall be completed to show the date and time, the carrier arrived and departed and the reason(s) for the delays. This form must be signed by the driver and unloading personnel. A signed copy of this form must be sent to--

ATTN: DLA ENERGY-MIC (INVOICE MONITOR)

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

(b) A minimum of two (2) hours time is required by the Government. If Contractor free time is beyond two (2) hours, indicate here: three (3) hours.

(c) The rate for detention shall be comparable to regulated tariffs governing the local area of the receiving activity. The rate for detention shall be stated by quarter hour.

(d) The above will not be considered in the evaluation of offers for award, except that free time of less than two (2) hours or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

(e) Detention Costs: Invoices for detention costs will be forwarded directly to the address stated above.

F0005 F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate. Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay. Documentation shall be provided to the carrier driver prior to his departure from the facility.

F0006 F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY MAY 2009)

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting Officer, in writing, giving pertinent details. This data shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract.

SPE601-19-R-0307 Page 10 of 32

SECTION G – CONTRACT ADMINISTRATION DATA

G0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

THIS PROVISION APPLIES ONLY TO DLA ENERGY-FUNDED ITEMS FOR DOMESTIC AND FOREIGN SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE WHEN THE RECEIVING BANK IS LOCATED IN THE

UNITED STATES .

G0002 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE (9) DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |

ACCOUNT TYPE CODE: (Contractor to designate one (1))

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below.

Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

(DO NOT EXCEED 153 CHARACTERS) OR

SPE601-19-R-0307 Page 11 of 32

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor:

Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(DO NOT EXCEED 153 CHARACTERS)

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE: ______________________________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine (9) digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S.

bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

SPE601-19-R-0307 Page 12 of 32

G0003 G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012)

(a) Supporting documentation required for processing payment to the Contractor after delivery of product and/or the performance of any services shall be the original DD Form 250, Material Inspection and Receiving Report, or an original of its commercial equivalent. If the original DD Form 250 or commercial equivalent is used as the Contractor’s invoice, it shall be stamped as an “Original Invoice.” The Contractor shall comply with Appendix F of the Defense Federal Acquisition Regulation Supplement (DFARS) Appendix F on the use, preparation, and distribution of the DD Form 250. Throughout this contract text, reference to the DD Form 250 shall mean the DD Form 250 or its commercial equivalent.

(b) FOR PRODUCT DELIVERY.

(1) FOR F.O.B. ORIGIN DELIVERIES. The original DD Form 250 shall be certified by the Government’s Quality Assurance Representative (QAR) for both Contract Quality Assurance (CQA) and Acceptance at origin (Block 21a) and have the QAR’s typed name, title, mailing address and office phone number included on the document;

unless Certificate of Conformance (COC) has been authorized, in which case, the original DD Form 250 shall be certified for Contract Quality Assurance by the Contractor, in accordance with the contract clause entitled CERTIFICATE OF CONFORMANCE, and submitted to the authorized Government Representative for signing and dating for acceptance in accordance with the DFARS Appendix F.

(2) FOR F.O.B. DESTINATION DELIVERIES. The original DD Form 250 shall be provided to the customer/Defense Fuel Support Point (DFSP) to verify receipt of the product at the time of delivery then, if required, forwarded to a Government representative to certify acceptance of the delivery. For F.O.B. destination deliveries that require origin inspection, the DD Form 250 shall have both the origin QAR’s and the customer’s/DFSP’s signatures. However, if COC has been authorized, the original DD Form 250 shall be certified for Contract Quality Assurance by the Contractor, in accordance with the clause entitled CERTIFICATE OF CONFORMANCE and only the customer's/DFSP's signature will be required for receipt and acceptance in accordance with the DFARS Appendix F.

(3) Regardless of F.O.B. Origin, F.O.B. Destination or COC, a copy of the certified weight ticket shall accompany each shipment if required by the Schedule.

(4) If the contract involves services that are ancillary to product delivery, such as lease of Contractor-furnished equipment, maintenance and repair of Government-owned containers, or other services of any nature that are otherwise allowed by the Schedule, such as Detention and Hot Fill, the Contractor shall include such services on the same DD Form 250/invoice as the product. The DD Form 250/invoice shall clearly show the ancillary services Contract Line Item (CLIN) separate from the product CLIN.

For services requiring periodic payments, such as a monthly lease of contractor furnished tanks, the contractor may submit a DD Form 250/invoice for the product separate from the DD Form 250/invoice for the service, or it may be combined, both the product and service, on the same DD Form 250/invoice; but under no circumstances shall the contractor submit a DD Form 250/invoice for periodic services (with or without product) prior to the end of the period in which the services were provided. In the case of leased containers, the DD Form 250/invoice shall also include the container serial number or other unique identifier. The same certifications and/or signatures required on the DD Form 250 for product deliveries as described in paragraphs (b)(1) and (b)(2) are required on the DD Form 250 for the performance of services as described in this paragraph.

(5) Within 15 calendar days of delivery of product, the Contractor shall fax the original invoice along with the original DD Form 250, or the original DD Form 250 stamped “Original Invoice,” into the Electronic Document Management system at 866-313-2340 or (614) 693-2630.

(6) In addition, the Contractor shall concurrently send a copy of the signed DD Form 250 and, if required by the

Schedule, a copy of the certified weight ticket to the Aerospace Energy Business Unit, preferably by electronic means, that is, either facsimile or email. However, a mailed copy of the DD250 is also acceptable.

(i) If by facsimile, to (210) 925-8048, ATTN: DLA Energy-MIC (Invoice Monitor)

(ii) If by email, to invoice-monitor@dla.mil mailto:invoice-monitor@dla.mil

SPE601-19-R-0307 Page 13 of 32

(iii) If by US Postal Service or commercial courier, to:

DEFENSE LOGISTICS AGENCY ENERGY

ATTN: DLA Energy-MIC (INVOICE MONITOR)

SAN ANTONIO, TX 78226

(c) FOR SERVICES NOT ANCILLARY TO PRODUCT DELIVERY AND SERVICES CONTRACTS. The Contractor shall generate a separate DD Form 250 for documentation supporting payment of services that are not ancillary to product deliveries (such as a monthly facility fee), or for services provided under a Services contract (such as storage of DLA owned property), and submit it along with the original invoice (or stamp the DD Form 250 with “Original Invoice”) to the DLA Energy-MIC Invoice Monitor using any one (1) of the methods described above.

(d) Unless stipulated otherwise in the contract, all invoices that include services shall only be submitted after the services have been performed.

(e) DISCOUNTS FOR PROMPT PAYMENT.

(1) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the Offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, Offerors awarded contracts may include discounts for prompt payment on individual invoices.

(2) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(f) Contractors may log onto my Invoice at https://myinvoice.csd.disa.mil, a web-based application, to obtain status for both paid and unpaid invoices.

https://myinvoice.csd.disa.mil/

SPE601-19-R-0307 Page 14 of 32

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H0001 H15 TRANSPORTATION REQUIREMENTS FOR F.O.B. ORIGIN SHIPMENTS BY TANK TRUCK,

TRUCKLOAD, AND/OR LESS THAN TRUCKLOAD (CYLINDER/DRUM) (AEROSPACE ENERGY)

(DLA ENERGY MAR 2016)

(a) The address for the Transportation Office (TO) referred to in this provision is—

ATTN: DLA ENERGY-QEMC

BUILDING 1621

SAN ANTONIO, TX 78226-1859

(b) For the purposes of this provision and shipments made under the contract, a cylinder/drum may be considered

“truckload” or “less than a truckload.”

(c) Shipments will be made on Commercial Bills of Lading (CBLs) in accordance with appropriate regulations. A CBL will be furnished by the TO in advance of the anticipated shipping date. In the event that a CBL is not provided prior to the shipment and under the direction of the TO, a carrier/contractor bill of lading may be used. The Contractor shall complete and distribute the CBLs as noted on the routing instructions furnished by the TO. The Contractor shall annotate on the CBL the weight/gallons, seal numbers, and signature of the agent. The Contractor shall fax the completed CBL to the TO.

(d) The Contractor is responsible for—

(1) Contacting and scheduling the carrier in for loading, when directed by the TO in the routing instructions;

(2) Inspecting all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel.

Delegation of this responsibility shall not be passed to the tank truck operator/driver; and

(3) Loading of transport equipment shall be in accordance with 49 CFR. The Contractor is liable for reimbursement to the Government for damage to any equipment caused by the failure to load, block, and brace the shipment in accordance with acceptable standards set forth therein.

(4) DD Form 626, Motor Vehicle Inspection (Transporting Hazardous Materials). The Contractor is required to fill out the DD Form 626 using one (1) of the options provided below for all shipments of hazardous materials:

(i) The carrier will submit a copy of the vehicle mechanical inspection performed at the carrier’s terminal.

Annotate in Block 15 of the DD Form 626 that “the carrier performed the vehicle mechanical inspection (Section II) and a copy of the inspection is attached to the DD Form 626” (making sure the shipper knows he/she is to attach the inspection to the DD Form 626). The Contractor is required to sign in Block 16.

(ii) If the carrier does not have a copy of the vehicle mechanical inspection, the Contractor should annotate in

Block 15 of the DD Form 626 that “the vehicle mechanical inspection (Section II) was performed by the carrier” and the driver shall sign the DD Form 626.

(iii) A copy of the signed and dated DD Form 626, along with a completed CBL, shall be faxed or emailed to the

TO.

(5) On the day of shipment, the Contractor shall provide a Report of Shipment within 4 hours of departure or within 2 hours the next day (if contact cannot be made on the day of shipment) to the TO. The Report of Shipment may be made by fax or phone and must include the following information:

(i) CBL Number.

(ii) Name of Carrier.

(iii) Carrier Progressive (Pro) Number.

SPE601-19-R-0307 Page 15 of 32

(iv) Tractor and Trailer Name.

(v) Departure Date and Time.

SPE601-19-R-0307 Page 16 of 32

SECTION I – CONTRACT CLAUSES

I0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996)

(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.

(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500.00. This payment for administrative costs is in addition to any excess re-procurement costs and any other remedies or damages resulting from the termination.

(c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving--

(1) Any single order or any group of orders terminated together;

(2) Any item or group of items terminated together; or

(3) The entire contract.

I0002 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION)

(a) As used in this contract provision--

(1) After-imposed tax means any new or increased Federal, State, or local tax that the Contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the contract date.

(2) After-relieved tax means any amount of Federal, State, or local tax that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

(3) All applicable Federal and State taxes means all excise taxes that the taxing authority is imposing and collecting on the transactions or property covered by this contract pursuant to written ruling or regulation in effect on the contract date.

(4) Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the date set for final revised prices.

(5) Local taxes means taxes levied by the political subdivisions of the States, District of Columbia, or outlying areas of the United States, e.g., cities and counties.

(6) Outlying areas means—

(i) Commonwealths. Puerto Rico and the Northern Mariana Islands;

(ii) Territories. American Samoa, Guam, and the U.S. Virgin Islands; and

(iii) Minor outlying islands. Baker Island; Howland Island, Jarvis Island; Johnston Atoll; Kingman Reef;

Midway Islands; Navassa Island; Palmyra Atoll; and Wake Atoll.

(7) State taxes means taxes levied by the States, the District of Columbia, or outlying areas of the United States.

(8) Tax means taxes, duties and environmental or inspection fees, except social security or other employment taxes.

(b) The contract price includes all applicable Federal, State, and local taxes, except as otherwise provided. (See either the FEDERAL AND STATE TAXES/FEES or FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision.)

SPE601-19-R-0307 Page 17 of 32

(c) The contract price shall be increased by the amount of any after-imposed tax if the Contractor states in writing that the contract price does not include any contingency for such tax.

(d) The contract price shall be decreased by the amount of any after-relieved tax.

(e) The contract price shall also be decreased by the amount of any tax that the Contractor is required to pay or bear the burden of, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) The Contractor shall promptly notify the Contracting Officer of all matters relating to any tax that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(g) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

I0003 I190.04 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).

(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied.

Should the description/composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.

I0004 I116.05 RESPONSIBILITY FOR GOVERNMENT-OWNED AEROSPACE ENERGY PRODUCTS

(DLA ENERGY JAN 2012)

(a) Government-owned aerospace energy products stored under this contract are governed by the wording of this contract text.

(b) Title to any Government-owned aerospace energy products in the possession of or under the custody of the

Contractor by reason of this contract, which is hereinafter referred to in this contract text as "such property," shall at all times remain in the Government, and such property shall be used only for the purposes set forth in this contract.

The Government shall at all times have access to the premises wherein any such property is located.

(c) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(d) Government-owned aerospace energy products shall not be commingled in the same tank, truck, or any other storage container with non-Government-owned product. Actual physical segregation of Government-owned product shall be maintained in addition to separate inventory accountability for Government-owned product.

(e) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

SPE601-19-R-0307 Page 18 of 32

(f) Except for those risks assumed by the Contractor pursuant to subparagraph (e) (1) of this contract text, the Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision or contract text for a reserve to cover such risk.

In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(g) In order to maintain accountability and control over Government-owned product and other property located at the

Contractor’s facility, it is necessary to designate the Contractor’s facility as a Defense Fuel Support Point (DFSP).

As a designated DFSP, the Contractor will be required to submit DD Form 2924, Monthly Inventory Transactions Report (MITR). Entries on the MITR must be supported by DD Form 2913, Missile Propellants Consolidation and Reporting of Sales; DD From 1348-7, DoD MILSPETS DFSP Shipment and Receipt Document; DD Form 1898 Fuel Sale Slip; and DD Form 250, Material Inspection and Receiving Report, as appropriate. The original MITR package will be mailed no later than the 10th calendar day of each month to—

ATTN: DLA ENERGY-RRP, AEROSPACE ENERGY

DEFENSE LOGISTICS AGENCY

BUILDING 1621

1014 BILLY MITCHELL BLVD.

SAN ANTONIO, TEXAS 78226-1859

(1) The applicable Inventory Manager will issue the DD Form 1149, Requisition and Invoice/Shipping Document, for all issues and distribution of aerospace energy products from inventory in storage. The DD Form 1149 will be issued at least seven (7) days prior to loading bulk and non-bulk (cylinder or drum) shipments. The Contractor shall provide points of contact, alternate points of contact, and an emergency point of contact for scheduling shipments.

(2) Net inventory determinations of Government-owned product shall be performed on the first workday of each month.

(i) Quantity calculations shall be in accordance with the DETERMINATION OF QUANTITY contract text.

(ii) DD Form 2924 shall be prepared by the Contractor at the first of each month to include the beginning inventory, receipts, sales, transfers, losses/gains, and the ending inventory of the previous month. Bulk, drum, cylinder, and/or GPTU inventories shall be reported under separate columns on the DD Form 2924 and will be reported each month in the appropriate unit of issue, NSN, and nomenclature.

(iii) The monthly inventory variance percentage shall be calculated when the MITR is prepared. To calculate the inventory variance percentage, determine the difference between the ending book and ending physical inventory for the month and divide by the sum of the beginning physical inventory and receipts, transfers in, regrade increases and determinable gains. Multiply the result by 100 to determine the percentage. A variance percentage in excess of 10% shall be considered excessive and will require investigation and a written explanation to accompany the associated MITR.

(h) All information reported on DD Form 2924 shall be considered proprietary data and shall not be released to any activity or organization outside DLA/DLA Energy.

(i) All records and documents identified above are DLA/DLA Energy-accountable records and must be retained for two

(2) years after expiration of the contract.

SPE601-19-R-0307 Page 19 of 32

I0005 I116.05 RESPONSIBILITY FOR GOVERNMENT-OWNED AEROSPACE ENERGY PRODUCTS

(DLA ENERGY JAN 2012)

(a) Government-owned aerospace energy products stored under this contract are governed by the wording of this contract text.

(b) Title to any Government-owned aerospace energy products in the possession of or under the custody of the

Contractor by reason of this contract, which is hereinafter referred to in this contract text as "such property," shall at all times remain in the Government, and such property shall be used only for the purposes set forth in this contract.

The Government shall at all times have access to the premises wherein any such property is located.

(c) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(d) Government-owned aerospace energy products shall not be commingled in the same tank, truck, or any other storage container with non-Government-owned product. Actual physical segregation of Government-owned product shall be maintained in addition to separate inventory accountability for Government-owned product.

(e) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(f) Except for those risks assumed by the Contractor pursuant to subparagraph (e) (1) of this contract text, the Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision or contract text for a reserve to cover such risk.

In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(g) In order to maintain accountability and control over Government-owned product and other property located at the

Contractor’s facility, it is necessary to designate the Contractor’s facility as a Defense Fuel Support Point (DFSP).

As a designated DFSP, the Contractor will be required to submit DD Form 2924, Monthly Inventory Transactions Report (MITR). Entries on the MITR must be supported by DD Form 2913, Missile Propellants Consolidation and Reporting of Sales; DD From 1348-7, DoD MILSPETS DFSP Shipment and Receipt Document; DD Form 1898 Fuel Sale Slip; and DD Form 250, Material Inspection and Receiving Report, as appropriate. The original MITR package will be mailed no later than the 10th calendar day of each month to—

ATTN: DLA ENERGY-RRP, AEROSPACE ENERGY

DEFENSE LOGISTICS AGENCY

BUILDING 1621

1014 BILLY MITCHELL BLVD.

SAN ANTONIO, TEXAS 78226-1859

(1) The applicable Inventory Manager will issue the DD Form 1149, Requisition and Invoice/Shipping Document, for all issues and distribution of aerospace energy products from inventory in storage. The DD Form 1149 will be issued at least seven (7) days prior to loading bulk and non-bulk (cylinder or drum) shipments. The Contractor shall provide points of contact, alternate points of contact, and an emergency point of contact for scheduling shipments.

SPE601-19-R-0307 Page 20 of 32

(2) Net inventory determinations of Government-owned product shall be performed on the first workday of each month.

(i) Quantity calculations shall be in accordance with the DETERMINATION OF QUANTITY contract text.

(ii) DD Form 2924 shall be prepared by the Contractor at the first of each month to include the beginning inventory, receipts, sales, transfers, losses/gains, and the ending inventory of the previous month. Bulk, drum, cylinder, and/or GPTU inventories shall be reported under separate columns on the DD Form 2924 and will be reported each month in the appropriate unit of issue, NSN, and nomenclature.

(iii) The monthly inventory variance percentage shall be calculated when the MITR is prepared. To calculate the inventory variance percentage, determine the difference between the ending book and ending physical inventory for the month and divide by the sum of the beginning physical inventory and receipts, transfers in, regrade increases and determinable gains. Multiply the result by 100 to determine the percentage.