SPE602-20-R-0710 WEST PAC JP5.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0083765730

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE602-20-R-0710

6. SOLICITATION ISSUE

DATE

2020 APR 06

a. NAME

Avril Penn FDD9213

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-1342

8. OFFER DUE DATE/

LOCAL TIME

2020 APR 20

9. ISSUED BY CODE SPE602

DLA ENERGY

BULK PETROLEUM PRODUCT

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 324110

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

DO-C9

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

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1. Offers must be submitted by the following method:

a. The Bulk Offer Entry Tool (OET). Use of the Bulk OET is mandatory for this solicitation. Use of the Bulk OET will allow your offer to be imported directly into the Bulk Bid Evaluation Model (BEM). NOTE: Multiple PDF attachments are allowed to be uploaded with an offer. There are no size restrictions. When you submit your offer in OET a SF1449 that contains your electronic signature will be included as part of your offer submission package. If you wish to submit an SF1449 signed by someone other than the individual submitting the offer in OET, you must include the signed SF1449 as part of your offer attachment.

b. In order to utilize the Bulk OET, you must first establish a Bulk OET account using the DLA Accounts Management and Provisioning System (AMPS). You can access AMPS at https://amps.dla.mil/oim, where you can either create a new AMPS account or log in using your existing account (you will be asked to provide your CAGE code when creating a new AMPS account). Once you have established an account in AMPS, you will need to request the following role: “OET Prod – Bulk Vendor Role OET-105.” To select this role, you will first choose ‘Energy Applications’ then ‘Energy OET’ under the Browse Roles by Application tab. When applying for this role, please include your company name in the notes or comments section of the application.

Also, when applying for Bulk OET – you MUST include at least one CAGE code in the CAGE CODE for BULK OET attribute field and ensure your email corresponds with your company name.

At a minimum you should include the CAGE code(s) that you intend to use to submit offers under this solicitation. It is recommended that you include all CAGE codes that you typically use for BULK FUELS offers. You can update this attribute at any time after your initial account has been established. Once your role has been approved, you will be provided with a user name and password that can be used to log into the Bulk Fuels OET website:

https://offerwizard.dla.mil/bulkoet/bulkoet.html. If you experience difficulty in establishing an account, you can contact the DLA Energy Bulk Technical Team at DESC-BTechTeam@dla.mil for assistance.

c. If you have already obtained a BULK OET account but cannot remember your password or need your password reset, Email J64CSAccessManagement@dla.mil, and DESC-BTechTeam@dla.mil.

To ensure that your offer is submitted in a timely manner, please log in to the OET as soon as possible to ensure you have access once the OET is opened.

If you have any questions on how to complete your offer in OET, please contact the Contracting Officer or Procurement Analysts, Matthew Shuster, Matthew.Shuster@dla.mil, (571) 767–9250 and Darren Dunham, Darren.M.Dunham@dla.mil, (571) 767-0338.

2. OFFER ENTRY TOOL (OET), SECTION H.3., MAP COORDINATES:

a. Map coordinates for shipping points/refinery must be pier-side to be evaluated.

b. Map coordinates must be provided in the proper format: 38° 43' 9"N 77° 9' 46"W (DLA Energy HQ Building as an example); no decimal places will be evaluated.

3. G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM: Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States.

Offerors are advised to verify their Financial Institution (FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their FI prior to submission of the first invoice.

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4. JOINT CONTINGENCY CONTRACTING SYSTEM (JCCS) REQUIREMENT: Vendors and subcontractors must submit fully completed registration information in the Joint Contingency Contracting System (JCCS). CENTCOM offers include the following:

a. Offeror physical address is located in CENTCOM

b. Offeror is submitting FOB Destination Offer(s) to CENTCOM

c. Offeror is submitting shipping point(s) located in CENTCOM

U.S. Central Command (CENTCOM) Area of Responsibility (AOR) includes the following countries:

Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, and Yemen.

Each offeror must submit its registration number with its offer package. If awarded, active registration must be maintained throughout contract performance. Instructions for account registration and training can be found at www.jccs.gov. Click on "vendor login", click the registration tab, and follow the directions from there. Minimum required documents are as follows:

• Articles of Association or Letter of Incorporation

• Passport Copies of Owner and Key Employees (Identified in Owner and Employee tabs under the questionnaire section)

• Current Tax Document

• Business License

All tabs must be completed under the questionnaire tab in the “CENTCOM Eligibility” section of the JCCS profile.

5. AFRICOM VENDOR VETTING (AFVV) REQUIREMENT: Vendors and subcontractors must be registered in the AFVV to be considered for contract awards in the AFRICOM Area of Operation (AOR). AFRICOM offers include the following:

a. Offeror physical address is located in AFRICOM

b. Offeror is submitting FOB Destination Offer(s) to AFRICOM

c. Offeror is submitting shipping point(s) located in AFRICOM

AFRICOM Area of Responsibility (AOR) includes the country of Djibouti. Applicable offerors not providing the requisite AFVV information data required shall not be considered for award.

6. TANKER ITEMS: FOB Destination offers cannot be accepted for items identified as TANKER mode.

7. FOB LEGEND for use with B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012):

FOB RESTRICTION LEGEND

O ORIGIN

D DESTINATION

O/D ORIGIN AND/OR DESTINATION

Y YES (ADDITIVE IS REQUIRED)

N NO (ADDITIVE IS NOT REQUIRED)

http://www.jccs.gov/ http://www.jccs.gov/

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8. TANKER RATES:

a. For evaluation purposes per M24.05.100 EVALUATION OF OFFERS INVOLVING F.O.B. ORIGIN

TANKER LOADING (WESTPAC) (DLA ENERGY MAY 2019), Tanker rate is $52,480.75.

9. PORT ASSESSMENT: All Tanker Origin offers will require a Port Assessment (PA) post award. PA will be performed by Naval Criminal Investigative Service (NCIS) prior to performance period. Offerors are required to provide a Facility Security Officer point of contact for awarded shipping points to coordinate with NCIS, as applicable. PA is valid for three (3) years.

10. TRANSPORTATION EVALUATION PENALTIES: The following transportation penalties will be applied for evaluation purposes in accordance with M2.08.100 EVALUATION OF OFFERS INVOLVING F.O.B. BARGE/

SHALLOW DRAFT TANKER LOADING (ALL PRODUCTS SOLICITED FOR WESTPAC) (DLA ENERGY

MAY 2019) and M24.05.100 EVALUATION OF OFFERS INVOLVING F.O.B. TANKERLOADING

(WESTPAC) (DLA ENERGY MAY 2019):

a. A 12-hour transportation penalty will be assessed against Offers that indicate Daylight Berthing Only. With a 24- hour per day window, berthing is limited to 12 hours.

b. A 12-hour transportation penalty will be assessed against Offers that indicate Daylight Loading Only. With a 24- hour per day window, loading is limited to 12 hours.

c. A transportation penalty will be assessed for vessel shifting for Offers with intra-harbor movements. The actual penalty time may differ between terminals, so DLA Energy will advise the penalty during open negotiations. A 48-hour transportation penalty will be assessed against Offers that require transit through the Suez Canal.

d. A 48-hour transportation penalty will be assessed against Offers with a loading port of Fujairah, UAE. The penalty represents that vessel inspection takes place at Port Rasheed, Dubai. DLA Energy cannot perform vessel inspections at Fujairah.

11. QATAR:

a. Due to the current Qatar embargo issued by Gulf Cooperation Council (GCC) countries, the United Arab

Emirates (UAE) issued a Notice to Mariner(s) stating that UAE ports will not allow ships to load any cargo from UAE destined for Qatar. The UAE Ministry of Foreign Affairs and International Cooperation (MOFIC) has declined to issue written assurance that the Notice to Mariner(s) is not applicable to U.S.

DOD cargo destined for Qatar.

12. SECTION C AND SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): For all Quality and Technical provisions please review via the DIBBS website. You will need a DIBBS account to access the Technical Data tab, which leads to the C Folders containing the applicable provisions. The web address is https:// www.dibbs.bsm.dla.mil/default.aspx. This is also applicable for Section E provisions; all of the Inspection provisions will be viewable under the E Folders. If you have issues setting up your DIBBS account, please call the DLA Enterprise HelpDesk at 1-855-352-0001. The QAPS are provided for your convenience as an attachment to the solicitation; however, any updates should be accessed through the above process.

13. NOTICE TO POTENTIONAL SMALL BUSINESS OFFERORS: All offerors must review the business size standard under FAR 52.212-1 Intructions for Offerors - Commercial Items (OCT 2018). Please make sure that you update your business standard in SAM as appropriate before you submit an offer. For questions concerning Small Business matters, email dla.energy.osbp@dla.mil.

14. NOTICE: Any award to a contractor, who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies or in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

15. PAYMENT TERMS: This solicitation is NET 30 payment terms regardless of the SF1449 in the OET.

16. EMERGENCIES: For emergency situations during non-duty hours, the number to contact is (571) 767-8420 at the DLA ENERGY Operations Center, Contingency Plans and Operations Division (DLAENERGY-QED).

https://www.dibbs.bsm.dla.mil/default.aspx

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B1 SUPPLIES TO BE FURNISHED (BULK) (DLA ENERGY JAN 2012)

(a) The minimum and maximum quantities are defined in the contract provision DELIVERY-ORDER

LIMITATIONS – SCOPE OF CONTRACT.

(b) The supplies to be furnished during the contract period of August 1, 2020 – December 31, 2020 with a 30-day carryover period and all associated data are as follows:

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CONTINUATION SHEET

CONTINUED ON NEXT PAGE

PAGE 6 OF 68 PAGESREFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE602-20-R-0710

Section B Quality Technical Provisions

TURBINE FUEL,AVIATION,JP5,1.1C

9130-002732379

PR #: 0083765730

IAW BASIC QAP 52838 ENERGY-QAP-C16.01

REVISION NR E DTD 04/27/2018

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01

REVISION NR A DTD 07/08/2014

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR B DTD 04/04/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02

REVISION NR C DTD 12/01/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

TURBINE FUEL,AVIATION,JP5,1.1C

9130-002732379

PR #: 0083765730

JP5 Requirement Totals are as follows:

Total Qty Set Aside 8A Reservation Qty Non Set Aside Qty UoM .

21,000,000 0 0 21,000,000 UG6

Total Estimated ( JP5 ) Quantity to be Purchased: 21,000,000

EPA Region Quantity Escalator Id Base Ref Price Base Ref Date .

WP 21,000,000 SPOREJET 0.000000 00/00/0000

WP .

Item: 0001 Quantity: 21,000,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 21,000,000

Period of Performance: 08/01/2020-12/31/2020

NSN Delivery Identification State

9130-002732379 (JP5) AKASAKI - DFSP AKASAKI JP

TURBINE FUEL,AVIATION

Region Requirement SPLC

WP 940002270

Delivery Address: MUBANCHI AKASAKI-CHO SASEBO CITY, NAGASAKI PREFECTURE 857-0064

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE8N08

Mode Receipt % Max Parcel Min Parcel FOB Restriction FSII SDA CI

BULK:TANKER 100 235,000 O Y N Y

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012)

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that—

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with these escalation provisions.

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

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the base unit price is to fluctuate. NOTE: The term market price indicator will be referred to hereafter as “reference price” in this contract provision.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point.

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS.

(1) The Contractor shall give written notice to the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any delivery and associated change in the reference price within 15 working days from the date thereof. Contractor failure to timely notify the Contracting Officer of any delivery and associated change in the reference price may result in late or incorrect payment of the relevant invoice.

(2) Subject to the conditions of this contract provision, the prices payable under this contract shall be the base unit price increased or decreased by the same number of cents, or fraction thereof, that the reference price shall have increased or decreased.

(3) An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on and after the effective date of the price change as stated in the publication.

(4) The Contracting Officer will issue a modification to this contract to reflect any change pursuant to this provision. However, no increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published reference price has been verified by the Contracting Officer.

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

(6) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 285% percent of the award price, except as provided hereafter.

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

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

(7) REVISION OF REFERENCE PRICE INDICATOR. In the event—

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

(ii) Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(8) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule.

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

(e) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(f) TABLE.Name of Publication: PLATTS OILGRAM PRICE REPORT (U.S. EDITION) Product Price Assessments: (Asia & Arab Gulf, FOB)

PRODUCT REFERENCE PRODUCT

(LOCATION)

REFERENCE PRICE/USG

EFFECTIVE MARCH 19, 2020

(Excludes All Taxes)

ADJUSTMENT

FACTOR

JP5 Jet Kerosene (Spore Cargo, FOB)

$1.525238 +$0.000000

JP5 Jet Kerosene (Arab Gulf, FOB)

$1.476429 +$0.003754

JP5 Jet Av. Fuel (Cargoes FOB Med Basis Italy)

$1.553803 +$0.012495

JP5 Jet Kerosene CIF NWE (Cargo, FOB)

$1.631539 +$0.026484

NOTES

A. For Platts Oilgram: NOTE: The Reference prices are calculated by averaging the respective low prices and averaging the respective high prices for the ten published effective days' prices preceding the date of delivery.

Both the low and high averages are then averaged to determine the new Reference Price. This average price is averaged to two (2) decimal places, regardless of whether the price is stated in dollars per barrel, dollars per metric ton, or cents per USG. This average will be converted to dollars per USG using the conversion factors cited in Paragraphs B, C, D, E, and F if needed, and rounded to six (6) decimal places. For example, assume a date of delivery on Friday and on that day, Platts published the effective price assessment for the previous day (Thursday). That previous day’s effective price assessment would be the tenth day used to calculate the reference

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price. If a delivery were on Saturday, Sunday, or Monday, then the prior Friday’s effective price, which is published on Monday, would be the tenth day used to calculate the reference price. Because Platts does not publish on the weekend, Saturday’s, Sunday’s, and Monday’s reference price is calculated the same and then only Saturday’s reference and unit prices are reflected in the contract price modification.

For any consecutive particular product yet publishes other assessments for other products, then just that missing effective price for that particular product is not considered as a published day’s price for reference price calculation purposes." Platts publishes prices Monday through Friday except holidays.

A list of holidays is provided on Platts website at http://www.platts.com/Client%20Services/.

B. Any product offer must specify on which escalator it is based. Offers for F76, JP5, JA1, JP8, and RME180 may use any or all of the stated escalators for that product.

C. The conversion factor 315.30 USG/Metric Ton is used to calculate F76 escalator, GasOil 0.1%, Cargoes FOB Med Basis Italy.

D. The conversion factor 328.42 USG/Metric Ton is used to calculate JP5, JP8, and JA1 escalators, Jet Av. Fuel, Cargoes FOB Med Basis Italy.

E. The conversion factor 42 USG/Barrel is used to calculate prices cited in dollars per barrel, to include Gasoil (Asia), Gasoil (Arab Gulf, FOB), Jet Kerosene (Asia), and Jet Kerosene (Arab Gulf, FOB).

F. The conversion factor 274.09 USG/Metric Ton is used to calculate RME escalators under FO180CST Singapore and FO 180CST Arab Gulf.

G. Prices that are cited in cents per gallon are converted to dollars per gallon by dividing by 100 and rounding to six

(6) decimal places.

H. Adjustment Factors - For evaluation purposes only, the following Adjustment Factors are used when a product and the specified Base Price are identified in an offer: Please see table above in section “(f) TABLE” of this contract text for applicable adjustment factors.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Refer to Solicitation Attachment #1 for the applicable C QAPS within this solicitation.

SECTION E – INSPECTION AND ACCEPTANCE

Refer to Solicitation Attachment #1 for the applicable E QAPS within this solicitation.

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to each delivery order.

F1.09 DETERMINATION OF QUANTITY (DLA ENERGY AUG 2015)

Quantity. The quantity of supplies furnished under this contract shall be determined as follows:

Free on Board (f.o.b.) origin. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or http://www.platts.com/Client%20Services/

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liters at 15 degrees Celsius).

Deliveries into tanker or barge. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or

Shipping/shore tank measurement.

Deliveries into pipeline. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of calibrated meter; or shipping tank measurements. Deliveries into rail tank car. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or, using calibrated scales; or certified capacity table for the rail tank car.

Deliveries into tank truck, truck and trailer, or tank wagon. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter; or weight, using calibrated scales; or certified capacity table for the conveyance or container.

Deliveries into intermodal container. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or certified capacity table for the container, or weight, using calibrated scales.

F.o.b. destination.

Deliveries by tanker or barge.

On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the receiving tank system; or receiving tank measurements. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

Deliveries by pipeline.

On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of calibrated meters on the pipeline junction or the receiving tank system; or receiving tank measurements.

F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government- owned or controlled pipeline.

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

Deliveries by rail tank car.

On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of calibrated meter on the receiving tank system; or weight, using calibrated scales at the receiving location; or certified capacity table for the rail tank car; or receiving tank measurements.

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

Deliveries by tank truck/truck and trailer/tank wagon/intermodal container.

On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined —in the following order of preference:

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Calibrated temperature compensating meters on the receiving system (as identified in the schedule). Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule). Weight, using calibrated scales at the receiving location (as identified in the schedule).

Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales. Calibrated meter on the delivery conveyance, requiring manual volume ccorrection. Loading ticket, not volume corrected (requiring manual volume correction).

Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) number 4 fuel oil (ASTM D 396).

Water bottoms.

Every delivery must be free of all water bottoms prior to discharge; and The Contractor is responsible for their removal and disposal.

Measurement restrictions. All methods of measurement described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

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 to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

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

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

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

For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

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

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

Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000.

Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

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

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foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

If the original measurement is by weight and quantity is required in U.S. gallons, then— Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit. Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

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 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains number/name of each meter; calibration frequency; date of the last calibration; due date for next calibration; name and signature of the person performing the calibration; traceability to master meter/prover used for calibration; and calibration report number.

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

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.

Table F1.09a Conversion Factor Table

Density @ 15ºC Gallons at 60ºF to Liters at 15ºC; Multiplyby Liters at 15C to Gallons at 60F, Multiplyby

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

Shipping documentation. When the Contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document.

Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

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

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

Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

Right to representative. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

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F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

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

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

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

(d) Preparation and Transmission of Orders

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

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

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

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

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

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

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

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

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

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

F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012)

(a) This contract provision applies to all modes of delivery, whether origin or destination.

(b) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, shall be as follows unless the item in the Schedule specifies otherwise:

(1) Ordering Period Begins: Date of Award and Ends: December 31, 2020

(2) Delivery Period Begins: August 1, 2020 and Ends: 30 days after the end of the ordering period.

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

http://www.dibbs.bsm.dla.mil/ http://www.dibbs.bsm.dla.mil/ http://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

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(d) Insofar as practicable, the Government will attempt to lift in approximately equal monthly quantities for the life of the contract. However, if the monthly pro rata for tanker lifting is less than the Contractor's maximum parcel size, the Government reserves the right to order volumes equal to the maximum parcel size per delivery.

(e) Unless otherwise specifically stated in this contract, and notwithstanding (e) above, where the total estimated quantity for any individual product or grade of product awarded under this contract is equal to or less than 30,000 barrels, the Government may order, and the Contractor shall deliver, if ordered, the entire quantity in one delivery.

(f) Nothing included in this contract provision shall restrict the Government's rights under the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT provision.

F15 BARGE AND/OR SHALLOW DRAFT TANKER DEMURRAGE AND

LOADING CONDITIONS (DLA ENERGY JAN 2018)

On items calling for delivery f.o.b. barge and/or shallow draft tanker at origin –

(a) DELIVERY DATES.

(1) Unless otherwise specified in the Schedule, orders placed under items of the Schedule calling for delivery f.o.b. barge and/or shallow draft tanker at Contractor's refinery, terminal, or bulk plant will be furnished to the Contractor at least 15 days in advance of the date on which delivery is to be made, which date is hereafter referred to as the "scheduled delivery date." Each order will specify the quantity to be delivered, the scheduled delivery date, and the cargo number, and, if then available, the name of the barge and/or shallow draft tanker (herein referred to as "vessel") to be loaded.

(2) The scheduled delivery date may be revised by the Ordering Officer at any time and, unless the Contractor registers objections with the Ordering Officer within 72 hours of receipt of such revised scheduled delivery date, such revised date shall become the new agreed scheduled delivery date. At the time the Contractor registers any such objections, the Contractor must provide a date, subsequent to the date proposed by the Ordering Officer, which represents the earliest date the Contractor can provide a berth. The Ordering Officer must confirm or reject the alternate date provided by the Contractor within 72 hours of receipt of the Contractor's objection. If the Ordering Officer chooses to accept the alternate date provided in the Contractor's objection, such revised date shall become the new agreed scheduled delivery date. If the Ordering Officer chooses to reject the alternate date provided by the Contractor, the scheduled delivery date will return to the previously scheduled delivery date.

(3) All communications regarding the establishment and revision of the scheduled delivery date and objections thereto shall be set down in writing at such time or promptly confirmed inwriting.

(b) EXPECTED TIME OF ARRIVAL.

(1) The vessel designated to lift the cargo will notify the Contractor at the telex number provided by the

Contractor or cause it to be notified when the Contractor does not provide a telex number of the name and the expected hour of arrival of the vessel at least 24 hours before the expected time ofarrival.

(c) LAYTIME. The Contractor shall provide as soon as possible, but within 3 hours after receipt of notice of readiness to load from the vessel designated to load the cargo, a reachable berth free of cost to the Government, where the vessel can be safely moored and remain afloat at all times, for loading of the ordered supplies. Laytime shall commence, berth or no berth, either at the expiration of 3 hours after notice of readiness, or immediately when the vessel moors alongside, with or without notice of readiness, whichever first occurs; PROVIDED, however, that—

(1) If the vessel is tendered for loading on a date earlier than the last scheduled delivery date as determined pursuant to paragraph (a) above, the Government scheduled vessel shall be loaded as soon as possible in its proper turn with other vessels, and laytime shall not commence until the vessel moors alongside or at 3:00 a.m. local time on the last agreed schedule delivery date, whichever first occurs.

(2) If the vessel is tendered for loading later than noon on the day following the last agreed scheduled delivery date, as determined pursuant to paragraph (a) above, the vessel shall be loaded as soon as possible in its proper turn with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to have the vessel loaded as soon as is reasonably

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possible under the circumstances prevailing at the time.

(3) Laytime shall continue 24 hours a day, 7 days a week, without interruption from its commencement until loading of the vessel is completed and the vessel has been released for sailing by the Government Quality Representative.

(d) ALLOWED LAYTIME.

(1) BASIC ALLOWED LAYTIME. For cargo movements under DLA Energy bulk petroleum contracts, the Contractor shall be allowed 1 hour for each 2,000 barrels loaded.

(2) INCREASES TO BASIC LAYTIME.

i. If, after laytime commences, the condition of the vessel to be loaded does not permit loading, such basic allowed laytime shall be increased by the duration of such delay.

ii. If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, such basic allowed laytime will be increased by the duration of such delay that occurred after laytime commenced.

iii. If regulations of the owner, operator of the vessel, Customs Officials, or Port Authority prohibit loading at any time after laytime commenced, time so lost shall be added to the basic allowed laytime.

iv. If for any reason the Contractor is delayed in loading the barge or there is a delay in releasing the vessel for sailing because of action of the U.S. Government that arises out of causes beyond the control and without the fault or negligence of the Contractor, such basic allowed laytime shall be increased by the duration of such delay.

v. If the vessel requests cargo tanks be cushioned or topped off during the loading process and the quantity of product cushioned or topped including the time spent cushioning/topping tanks is noted on the DD Form 250-1, Loading/Inspection Report, the basic allowed laytime shall be increased by the difference between the actual time taken to cushion/top tanks and the amount of time required to pump the same quantity of cushioned/topped product at the Contractor's actual loading rate exclusive of cushioning/topping time and cushioning/topping quantity.

vi. Contractor will be allowed up to 4 hours of additional laytime following removal of cargo hoses until vessel is released by the inspector in order to accomplish tasks required under the CONTRACTOR INSPECTION RESPONSIBILITIES contract text.

vii. There will be no increases made to the basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings.

viii. Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing basic allowed laytime for one half of the delay.

(e) For all hours of laytime that elapse in excess of allowed laytime for loading provided for by paragraph (d) above, demurrage shall be paid by the Contractor as follows:

(1) TIME CHARTER VESSELS. At the demurrage rate for the vessel loaded, computed to thenearest whole hour, as published by the Military Sealift Command, and in effect on the date loading of the vessel is completed.

(2) The demurrage rate set forth in the Carrier's Tender of Freight Services and Demurrage Invoice to the Government.

(3) CONTRACT VESSELS. At the hourly rate specified in the contract.

(f) Hoses for loading a vessel shall be furnished, connected, and disconnected by the Contractor; loading arm shall be connected and disconnected by the Contractor.

(g) Title to the supplies delivered and risk of loss thereof shall pass from the Contractor to the Government when the supplies pass the vessel's permanent hose connection.

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

(a) The Contractor shall make shipments of the supplies ordered hereunder by the…