SPE60119R0337.pdf

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SOLICITATION NO. SP0600-19-R-0337

CONTRACTOR PERFORMANCE DATA SHEET

Please submit the requested information for government and non-government contracts or subcontracts held (not to exceed 5 years since completion) for contracts that are similar to the requirements of this solicitation. Those contracts and/or subcontracts submitted may include those still in progress, however they should have a minimum of one year’s performance history.

Please mark this box if you have not performed under contracts that are similar in nature to the solicitation requirements.

COMPANY NAME AND

CONTRACT NUMBER (IF

APPLICABLE)

TOTAL DOLLAR

AMOUNT AT

AWARD AND AT

COMPLETION

POINT OF

CONTACT

PHONE

NUMBER

FAX NUMBER PRODUCT

SUPPLIED

QTY METHOD OF

DELIVERY

PLACE OF

PERFORMANCE

PERIOD OF

PERFORMANCE

JP-10 and PF-1

SPE601-19-R-0337

Tailored FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) 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, price and other factors considered.

The following factors shall be used to evaluate offers:

(i) Factor I, Technical Capability

(ii) Factor II, Past Performance

(iii) Factor III, Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

ADDENDUM TO 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (DEVIATION 2018- O0018)

The proposed instructions in this section are designed to assist offerors in preparing a complete response that reflects a full understanding of the approach proposed to accomplish all work required herein. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

The Offeror must be registered and current in the System for Award Management website (https://www.sam.gov/portal/public/SAM/); no exceptions.

Failure to meet a requirement or adhere to an instruction may result in an offer being ineligible for award.

Submission of Offers:

a) Interested parties capable of providing the specified product and services must submit a written offer via email directly to the Contract Specialist, Terry Stacy (Teresa.stacy@dla.mil), and the Contracting Officer, Roman Bernal (roman. bernal@dla.mil), not later than the solicitation due date and following the instructions within this solicitation. The offeror is responsible for confirming the successful and timely receipt of its offer.

b) The Standard Form 1449 must be completed, as well as the MANUFACTURING AND FILLING

POINTS and TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (AEROSPACE ENERGY) contract text and all certifications and representations contained in the Aerospace Contract Text, Section K of the solicitation.

c) Document Content File Format – The minimum font size for the proposal pages is 12 point.

Proposals shall be submitted on 8 ½ x 11 paper, except for fold-outs used for charts, tables or diagrams, which may not exceed 11 x17. Required documents must be submitted via electronic email with a request receipt, and should be clearly marked as to solicitation identification and the Offeror’s name, address, CAGE Code, and DUNS number.

d) Do not send as an executable or .exe file. Email size shall not exceed ten (10) megabytes.

Documents may be compressed (zipped) using WinZip 8.1 or later version. Any corrupted file or media containing a virus could result in the offer not being considered for award.

e) To ensure software compatibility use a word processing and spreadsheet program compatible with Microsoft ® Word 2007 ® and Microsoft ® Excel 2007 ®. PDF is Adobe ® Portable Document Format.

https://www.sam.gov/portal/public/SAM/

f) Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the offeror’s proposal. Only the minimum amount of information required to provide for proper evaluation is requested. The proposals shall be clear, concise, and include sufficient detail to provide for adequate evaluation and substantiation of the validity of stated claims. Submitted documents must contain adequate information to enable the evaluation team to fully ascertain the Offeror’s capability to perform contract requirements, must meet the requirements of the RFP, and must address the evaluation factors for award. The offeror’s proposal must convey to the Government that the offeror is capable; possesses sufficient technical expertise and experience; possesses sufficient resources; and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved. The proposal shall not simply rephrase or restate the Government’s requirements. The Government will not make other than reasonable efforts to ascertain the meaning of a proposal submission, given that Offeror must follow these instructions for how to arrange and submit a proposal. Inadequate, incomplete or disorganized proposals may be found to be technically unacceptable, and evaluation of that proposal stopped, simply because the evaluators could not reasonably ascertain whether the proposal meets the technical evaluation factors of this solicitation.

g) All information contained in the proposal that an Offeror feels is proprietary should be labeled

“Source Selection Information—See FAR 2.101 and 3.104.”

h) Exceptions (price or technical) taken to the terms and conditions of the solicitation and/or any of its formal attachments shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain the impact, if any, on the performance, price, and specific requirements of the solicitation. Failure to agree to the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

i) As the Government intends to award without discussions, Offerors are advised of the possibility that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements. Clarification of Government requirements should be requested by the Offeror by submitting questions and/or recommended changes not later than 10 calendar days after issuance of the solicitation. All exceptions to the solicitation requirements (including the SOO) and supporting rationale shall be identified as such and consolidated into an overview section of subject volume. An overview section is only required if the Offeror takes exception to any requirement in the solicitation. The overview section will not be included in the page count.

Exception(s) to solicitation requirements may require the Government to amend the solicitation to reflect requirement change(s). If the Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective volume.

j) Any questions relating to this solicitation and its attachments shall be submitted in writing by email addressed to the Contract Specialist and Contracting Officer by 10:00 AM CST on 10 Oct 2019. Any questions received after this date may or may not be answered due to the constraints of the solicitation.

k) Offeror’s proposals are due by 10:00 AM CST on 28 OCT 2019. The response shall consist of a cover letter and three (3) separate volumes: Volume I - Technical Capability, Volume II - Past Performance, and Volume III – Pricing.

Cover Letter shall include the following:

- Small Business Status/Categories as appropriate

- Company point of contact with email and phone number

- Cage Code & DUNS number

- A statement that your company understands the requirements specified in the Statement of

Objectives (SOO) and will meet the performance standards and requirements therein.

- A statement that your company does or does not take exception, in accordance with para h above, to any of the requirements of the SOO or terms/conditions of the resulting contract.

l) Offeror shall acknowledge awareness of all amendments to the solicitation by signing and dating Page 1 of each Standard Form 30, Amendment of Solicitation/Modification of Contract, and including it in Volume III, Pricing, of the proposal.

Volume I -Technical Capability

Each offeror must submit one (1) original and one (1) redacted copy by EMAIL to teresa.stacy@dla.mil and roman.bernal@dla.mil. The redacted copy must have the following removed; company names, logos, the word “incumbent” or similar words meaning the same, and proper names of persons.

Technical Capability will receive an adjectival rating of Technically Acceptable/Unacceptable as defined in the attached addendum to 52.212-2-- Evaluation -- Commercial Items (Oct 2014).

The complete technical proposal, exclusive of any résumés, drawings, or blueprints, shall not exceed 12 pages, 1 side and single spaced. The proposal will be evaluated strictly on technical merit and should describe and justify the offeror's technical approach to the requirements of the work to be performed and/or delivery of product under the contract. The technical proposal should be specific and provide concise, straight-forward descriptions of the offeror's capability to perform the requirements of the contract. Proposals that are unrealistic in terms of the description of the offeror’s technical capability may be considered indicative of a lack of understanding of the solicitation’s requirements.

The offeror shall provide a technical proposal addressing the requirements below. The proposal shall include a general description of how the offeror will ensure a reliable supply of on-specification product and/or associated service to meet the Government’s requirements. The description must include and address at a minimum:

(A) Daily Production capability of proposed fill plant(s).

Subfactor 1: Manufacturing process design:

mailto:teresa.stacy@dla.mil mailto:roman.bernal@dla.mil

The subfactor is met when the offeror’s proposal.

Provides the team with confidence that the offeror’s proposed chemical process, unit operations, chemical feedstock and energy input will be capable of reliably and safely producing on specification JP- 10/PF-1 for the term of the contract IAW all solicitation requirements. The proposal shall be clear that all materials of construction are compatible with JP-10/PF-1 and will not degrade or cause product deterioration.

Subfactor 2: Quality control.

The subfactor is met when the offeror’s proposal:

Provides the team with confidence that the offeror’s proposed quality control processes shall ensure product quality consistency. All minimum sampling and testing requirements will be met.

Subfactor 3: Product storage and handling.

The subfactor is met when the offeror’s proposal:

Provides the team with confidence that the offeror’s proposed description and diagrams of storage facilities shall adequately protect the environment and Government owned product/property and the offeror can perform the DFSP functions satisfactorily.

Subfactor 4: Plant/facilities development and maintenance management.

The subfactor is met when the offeror’s proposal:

Provides the team with confidence that the offeror is capable of managing the preparation of a new plant or maintenance/retrofit/upgrades of an existing plant between the contract award date and First Article submittal to provide a reliable source of JP-10/PF-1. In addition, provides the team with confidence that the offeror has the capability to accomplish maintenance activities, inspections, and testing of the offeror’s facilities to ensure plant reliability and product availability after First Article Approval through end of contract performance.

Subfactor 5: Operations management.

The subfactor is met when the offeror’s proposal provides:

Provides the team with confidence that the offeror is capable of managing the operation of the production facility to ensure a reliable, safe, secure supply of JP-10/PF-1 to meet annual estimated quantities of each product type and the product storage and production facility area are adequately secured.

(E) Contractor shall specify how they will meet MIL-DTL-87107E-(Propellant, High Density Synthetic Hydrocarbon Type, Grade JP-10) dated 12 JAN 2012 and MIL-DTL-87173C (Propellant, Priming Fluid, ALCM Engine, Grade PF-1) dated 6 NOV 2014and in particular describe in detail how the contractor will meet paragraph 4.4.3 Particulate content.

Volume II – Past Performance

Past Performance information is required in response to all solicitations. Past performance information will be used to evaluate past performance as the second non-cost factor in addition to Technical Capability. Even though the assessment of Past Performance is separate and distinct from the Determination of Responsibility required by FAR Part 9, Contractor Qualifications, past performance information obtained during the evaluation process may be used to support the Determination of Responsibility for the successful Offeror.

The offeror shall submit information regarding its past performance on the form entitled Contractor Performance Data Report, as attached to the solicitation. All contracts and subcontracts (completed or in progress) for the last five years awarded by DLA Energy as well as other (completed or in progress) Government agencies or the private sector that are related to the proposed contract shall be included on the form. Failure to submit a complete list may reflect adversely on the offeror. The number of relevant past performance efforts submitted in accordance with the attachment shall not exceed five years. The Government reserves the right to make telephone contact with offerors, proposed subcontractors and references in order to confirm and/or clarify the past performance information submitted. The Government has the option to consider information from these sources, and any others that may be available, that it deems necessary in order to make an accurate assessment of the offeror’s past performance. In addition, the offeror shall provide additional information on any significant problems encountered and corrective actions taken under contract(s).

The Offeror shall submit a Past Performance Volume containing the following:

(A) Client Authorization Letters for each identified effort for a private sector customers authorizing release to the Government of requested information on the Offeror’s performance.

(B) Contractor Performance Data Sheet –The Offeror shall provide documentation outlining the Offeror’s past performance with contracts, as prime, subcontractor, teaming partner, and /or joint venture partner, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. The submittal shall include rationale supporting the Offeror’s assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate.

(C) Past Performance Questionnaire – For the contracts identified on each Relevant Contracts Reference Sheet, the Offeror shall forward a copy of the past performance questionnaire to the points of contact responsible for monitoring performance under such contracts. The points of contact shall return the questionnaires via email directly to the Contract Specialist (Terry Stacy, Teresa.stacy@dla.mil) and

Contracting Officer Roman Bernal, roman.bernal@dla.mil)) not later than the solicitation due date of 28 OCT 2019. Any questionnaires not returned by the solicitation due date directly to the Government points of contact for this solicitation will not be reviewed and evaluated. The information contained in the questionnaires will be used to evaluate the Offeror’s past performance.

VOLUME III- Price

In the Schedule, Section B, Supplies or Services and Prices/Costs, offered prices shall be completed for each Contract Line Item Number (CLIN).

Unit prices shall be formulated, as specified below:

(A) Product with no Monthly Facility Fee (MFF). The offeror shall include all fixed, variable and incremental costs to produce and prepare product for Government inspection and acceptance. For this solicitation, the applicable CLINs are ALL PRODUCT CLINS 0001, 0004, AND 0005

(B) Contractor provided equipment CLIN(s). Where the Statement of Objectives(SOO) requires specific contractor-provided equipment for which a separate CLIN has been established for reimbursement under the resultant contract, the Offeror shall include all costs associated with providing such equipment, to include but not limited to delivery, installation, calibration, maintenance and repair throughout the contract term, and removal at the expiration of the contract. For this solicitation, the applicable CLINS is N/A

(C) Additional CLIN(s) not described above to be priced by the Offeror. For this solicitation, the applicable CLINs are: CLIN 0003 First Article

(D)Not Separately Priced (NSP) CLIN(s). For CLINS shown as NSP, the Offeror shall include the costs associated with that CLIN in the designated CLIN’s unit price. For this solicitation, the applicable Services CLINS are: CLIN 0002 First Batch

Pricing will be evaluated for reasonableness, balance and completeness. Other than Certified Cost and Pricing Data may be requested. Pricing shall be included in the proposal and submitted on the CLIN Schedule.

Period of Acceptance of Proposals: The Offeror agrees to hold the prices in its offer firm for 120 days from the date specified in receipt of proposals.

ANY PROPOSALS RECEIVED AFTER DESIGNATED CLOSING DATE AND

TIME MAY NOT BE CONSIDERED FOR AWARD.

(End of Addendum)

DLA ENERGY CONTRACT TEXT

SCHEDULE OF SUPPLIES/SERVICES

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) [ ] 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) [ ] Items of this contract call for f.o.b. 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).

(7) [ X ] F.o.b. destination item(s) called for under this contract shall have shipment quantity determinations performed at destination. Applicable to CLIN(s) 0001-0005

(8) [ ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at 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.

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

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

C0001 Refer to DLA Energy Quality Assurance Provisions (QAP) Attachment - C1.01 SPECIFICATIONS (DLA ENERGY APR 1984)

C0002 Refer to DLA Energy QAP Attachment - C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014)

C0003 C19.01 SECURITY AND FIRE PROTECTION (DLA ENERGY AUG 1988)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access. The fence shall be fitted with gates that may be padlocked when not in use.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conduct of terminal operation, will be in use.

(d) A water supply and fire fighting equipment conforming to National Fire Protection Association and American Petroleum Institute standards will be maintained. At locations outside the United States, other standards may be used with prior approval of the Contracting Officer.

SPE601-19-R-0377 DLA ENERGY CONTRACT TEXT

(e) In the event of an emergency at a CONUS COCO terminal, the Contractor shall seek the assistance of the following as appropriate:

local ambulance service; local fire department; local, county, and State police; regional office of the Federal Bureau of Investigation; Secret Service;

U.S. Marshal's Service; and the Federal Emergency Management Agency.

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 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 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.

D0003 D20 PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS (AEROSPACE ENERGY) (DLA ENERGY APR 2006) Pallets shall be constructed in accordance with one of the following guidelines: MIL-HDBK 774, Department of Defense Handbook, “Palletized Unit Loads”; or ASME/ANSI MH 1.8H or Contractor’s equivalent.

INSPECTION AND ACCEPTANCE

E0001 Energy Quality Assurance Provisions (QAP) Attachment - E1.13 CONTRACTOR INSPECTION RESPONSIBILITIES

(JP-10/PF-1) (AEROSPACE ENERGY) (DLA ENERGY MAR 2015)

E0002 Energy Quality Assurance Provisions (QAP) Attachment - E22 LIST OF INSPECTION OFFICES FOR DLA

ENERGY CONTRACTS (DLA ENERGY APR 2016)

E0003 Energy Quality Assurance Provisions (QAP) Attachment - E33.10 MANUFACTURING AND FILLING POINTS

(AEROSPACE ENERGY) (DLA ENERGY JUL 2008)

E0004 Energy Quality Assurance Provisions (QAP) Attachment - E35 NONCONFORMING SUPPLIES AND SERVICES (DLA

ENERGY DEC 2011)

DELIVERIES AND PERFORMANCE

F0001 F1.09-6 DETERMINATION OF QUANTITY (JP-10/PF-1) (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

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

(1) DELIVERIES INTO OR BY RAIL TANK CAR.

(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) Calibrated meter;

(b) Weight, using calibrated scales; or

(c) The certified capacity table for the rail tank car.

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

(ii) F.O.B. DESTINATION. On items requiring delivery on an f.o.b. destination basis, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of--

(A) The certified capacity table of the rail tank car received;

(B) Weight, using calibrated scales; or

(C) Calibrated meter.

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

(2) DELIVERIES INTO OR BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(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--

(a) Weight, using calibrated scales; or

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

(B) If the Government does not elect to use one of the methods in (A) above, the quantity shall be determined (at the Contractor’s option) on the basis of--

(a) Calibrated meter;

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

(c) 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

(d) 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.

(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 tank cars; and

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks and trailers, and tank wagons which are in excess of 3,500 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 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). 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.

(i) Use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(ii) For JP-10 and PF-1, the quantity reported on all shipment paperwork should be reflected in U.S. gallons, so if the original measurement is by weight, then convert via—

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

(B) Volume XII, 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.

(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 a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

F0002 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.

F0003 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.

CONTRACT ADMINISTRATION DATA

Not Applicable

SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

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. This payment for administrative costs is in addition to any excess reprocurement 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 reprocurement 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.)

(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 I116.05 RESPONSIBILITY FOR GOVERNMENT-OWNED AEROSPACE ENERGY PRODUCTS (DLA ENERGY

JAN2012)

(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 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 0.25 % 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 years after expiration of the contract.

I0004 I119.03 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD AT CONTRACTOR DEFENSE FUEL

SUPPORT POINTS (AEROSPACE ENERGY) (DLA ENERGY JUL 2007)

(a) INTRODUCTION. The Contractor shall prepare all documentation and systemically process related transactions in accordance with the information and instructions provided herein as well as the Aerospace Energy Chapter to DoD 4140.25-M, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal, and any applicable DLA Energy interim guidance. DoD 4140.25-M is available at http://www.desc.dla.mil/DCM/DCMPage.asp?Pagid=699 and DLA Energy interim guidance is available at http://www.desc.dla.mil/DCM/DCMPage.asp?Pagid=479 . In addition, once the Aerospace Energy Commodity Business Unit (DLA Energy-M) implements DLA’s web-based Enterprise Business System (EBS), the Contractor shall confirm its processes to that automated system as well. All documents are subject to change and the vendor is responsible for implementing the required changes within 30 days of publication. If the Fuels Enterprise Server (FES) is deployed in DLA Energy-M, documents and procedures are subject to change on a recurring basis and notifications of changes or newly published documents are announced during the Logon process to the FES. Unless the Government has specifically stated it will provide the hardware (usually at Government-owned facilities), the Contractor shall provide requisite hardware (specifications will be provided by the Government) capable of processing all applicable inventory and accounting transactions on a daily basis (weekdays excluding weekend and http://www.desc.dla.mil/DCM/DCMPage.asp?Pagid=699 http://www.desc.dla.mil/DCM/DCMPage.asp?Pagid=479

Government holidays) through DLA Energy-provided applications or software. The future processing methodologies may include both Defense Fuel Support Point (DFSP) input and upload to the FES via a high speed web/internet-based application or direct input to FES using the DLA Energy-provided processing applications. At a minimum, EBS applications will require the Contractor to provide and have on-site high speed internet access with a static Internet Protocol (IP) address, electronic mail (e-mail) with individual user accounts, the current version of Adobe Acrobat, and Microsoft Office XP/Vista with DLA Energy-mandated service packs (currently Service Pack 2). It is anticipated that DLA Energy web-based applications will use the DoD Public Key Infrastructure (PKI) compliant web browser which will be provided to the Contractor by DLA Energy.

These identified DLA Energy systems require user identifications and passwords in accordance with DoD Automated Data Processing (ADP) Level III systems access. The Contractor shall be responsible for (in conjunction with DLA Energy/DLA) identifying employees who will be processing inventory/accounting transactions and for obtaining requisite systems access for those employees. It should be noted that DoD ADP Level III systems access requires a National Agency Check (NAC) investigation. Those contractors which have not had a NAC will be provided forms and fingerprint cards for the investigation, which DLA will initiate. The Contractor shall immediately notify DLA Energy when Contractor personnel with access privileges no longer work at the contract facility or no longer require access. Systems Access Request forms and submission procedures can be found at http://www.desc.dla.mil/DCM/DCMPage.asp?PageID=479 under DLA Energy-I-24, DLA Energy Automated System Access Request Procedures.

(b) AUTOMATED FUEL INVENTORY REPORTING REQUIREMENTS. This section applies only after the Aerospace Energy DFSP inventory and sales processes are automated. Prior to that time, inventory reporting shall be accomplished in accordance with the Aerospace Energy Chapter to DoD 4140.25-M or applicable interim guidance.

(1) The Contractor shall prepare all necessary documentation (see paragraph (d)) for, and systemically process, each transaction affecting their inventory of Government-owned products in its possession by virtue of this contract. Within one business day of each transaction/business event (excluding weekends and Government holidays), the Contractor shall input transaction data into the automated inventory and accounting system(s) or applications designated/provided by the Government. Initial training for inputting transactional data will be provided by the Government via on-site support or via electronic means, such as user manuals or on-line support/tutorials, after which the Contractor assumes all responsibility for timeliness and accuracy of transaction data input by its employees. The Contractor shall prepare and report each transaction in accordance with guidance provided during the training and, thereafter, by qualified Government representatives. The Government will advise the Contractor of any changes in processing and reporting procedures. The Government reserves the right to telephone the Contractor on a daily basis (weekdays excluding weekends and Government holidays) to obtain information concerning transactions processed to monitor transactions using identified processing systems. Locations that do not have direct connectivity to EBS shall forward all transactions to the office designated in the Aerospace Energy Chapter to DoD 4140.25-M or applicable interim guidance.

(2) The Contractor shall record the physical inventory quantity (corrected to 60 degrees Fahrenheit for those products reported in gallons) in the automated inventory system for each Government-owned product stored at the facility. Daily inventories shall be recorded to reflect on-hand inventories as of 2400 hours local time (system clock/calendar rollover to the next transaction date) and monthly inventory shall be recorded to reflect on-hand inventories as of 2400 hours local time (system clock/calendar rollover to the first transaction date on next month) on the first calendar day of each month. However, systematically, the end-of-month (EOM) and end-of-year (EOY) physical inventories shall be reported against the last calendar day of the preceding month. EOY transactions and inventories must be processed to FES by close of business September 30th. The Contractor shall have the account reconciled in accordance with DoD 4140.25-M or applicable interim guidance.

(3) End of Fiscal Year Closeout Process. The United States Government closes its financial ledgers at midnight on September 30th.