19R0709_SF_1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0079341816

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE602-19-R-0709

6. SOLICITATION ISSUE

DATE

2019 MAY 21

a. NAME

BRYON GARNER DBG0029

b. TELEPHONE NUMBER (No Collect calls)

Phone:

8. OFFER DUE DATE/

LOCAL TIME

2019 JUN 11

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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

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) BACK

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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SPE602-19-R-0709

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SOLICTATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all line items)

1. This solicitation is issued as follow-on to the current Bulk Fuels additive contracts awarded in April 2017. The performance period for this solicitation is 24 months. DLA Energy Bulk Fuel Additives procurement includes requirements for one additive: Fuel System Icing Inhibitor (FSII). All locations included in this solicitation are CONUS. For Continental (US) CONUS locations, the delivery method used is tank truck. All offerors are reminded that "FOB destination delivery" requires the FSII to be delivered to each site. The following quantities are estimated maximum quantities. The actual purchases will be made pursuant to orders placed in accordance with FAR 52.216-21 REQUIREMENTS (OCT 1995) and FAR 52.216-18 ORDERING (OCT 1995).

2. SOLICITATION OPEN AND CLOSING DATES:

a) OPEN: 1500 EST, 21 May 2019

b) CLOSE: 1500 EST, 11 June 2019

3. LOCATION: CONUS

4. ADDITIVES: FUEL SYSTEM ICING INHIBITOR (FSII) NSN: 6850-01-057-6427, PP 4.8/ 150000 USG

5. ORDERING PERIOD: The ordering period is date of award through June 30, 2021. The delivery period is July 1, 2019 through June 30, 2021 with a 30-day carryover unless otherwise designated.

6. Awarded prices for FSII will escalate IAW B19.03 ECONOMIC PRICE ADJUSTMENT for CONUS locations.

7. For the determination of quantity, Clause F1.09-5 applies to FSII,

8. All offers must indicate the product name and product manufacturer in the offer being submitted. All offers with products indicated that are not manufactured by the offeror must include a Supply Commitment Letter with the offer to indicate/verify the offeror’s ability to provide products of the type and quantity indicated within its offer. See Section L of the solicitation for the requirements of what must be included in the Supply Commitment Letter.

9. The Government reserves the right to make awards based on initial offered prices. Based on this, offerors should ensure all offered prices submitted with their initial offer are its best competitive and final price(s).

10. In accordance with FAR 52.212-1(g): The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. Vendor will not be able to make changes to price and sources of supply after initial offer closing date and time. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

11. Proposals submitted electronically through a single e-mail must be no more than 10 MB in size. DLA Energy’s mail server will reject messages larger than 10 MB.

12. Offers must be submitted by the following method: The Offer Submission Package (OSP):

(a) Use of the Offer Submission Package is mandatory for this solicitation. Vendors will submit their offers using the Offeror Submission Package. Currently additive offers cannot use the Offeror Entry Tool (OET) for offer submission.

Please ensure that the OSP is completed in its entirety as it relates to the offeror’s offer and that the product being offered must meet the specified requirements for the product itself and any location requirements identified within the line items. The product(s) being offered must be clearly identified in the OSP and indicate what the brand name and product identifier is for the product (i.eFSII). Offers must be submitted to the Bid Custodian email box at DLA Energy, BulkFuelsBidCustodian@dla.mil

(b) Offer submission deadline is no later than 11 June 2019 @ 3:00pm Eastern Standard Time (EST). Late offers will be treated IAW 52.212-1.

13. Dealers (non-manufacturers) must obtain a firm supply commitment letter in accordance with L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY- BULK) - SUPPLY COMMITMENT LETTER. All Supply Commitment Letters must be submitted during the initial proposal phase.

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. Registrations, representations, and certifications are currently maintained electronically at the SYSTEM FOR AWARD MANAGEMENT (SAM) at www.sam.gov [See FAR 52.204-13 (OCT 2018) for additional information].Offerors are encouraged to complete all representations and certifications in SAM.

16. The ordering period is Date of Award through June 30, 2021– See DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002).

17. The delivery period for all items is July 1, 2019 through June 30, 2021 with a 30 day carryover period - See

I86.05 DELIVERY-ORDER LIMITATIONS (LUBES) (DLA ENERGY JAN 2012).

18. All volumes are stated in U.S. Gallons (USG).

19. SECTION C (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 are having problems setting up your DIBBS

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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.

20. Payment information will be relayed from SAM unless G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) is filled out. G9.07-5 is applicable when offerors will be using international banking institutions or is an international company.

21. For all FOB Destination offers, offerors are responsible for ascertaining and following delivery location access procedures, including obtaining any necessary clearances to access the delivery location. Access procedures and clearance processing times may vary greatly depending on the delivery location. Any questions regarding delivery location access procedures and processing times should be directed to the specific delivery location. Contact information for the specific end-location can be obtained through your assigned Contract Specialist.

22. For each item to be delivered, offerors are required to submit a Safety Data Sheet (SDS) for ALL offered products.

23. The Government is eliminating the Small Business Set-Aside IAW FAR 19.507 for this solicitation because the Government received unacceptable offers for the five (5) line items under the previous solicitation SPE-602-19-R-0702.

The restriction will open up to all offerors for increased competition.

Hazard Communication Standard Notice:

Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels. In accordance with the revised standard after June 1, 2015:

1.Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

2.Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, hazardous warning labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

3.Finally, suppliers must train their employees on the new safety data sheets, hazardous warning labels, and requirements of 29 C.F.R. 1910.1200.

For more information on SDS, refer to OSHAs website, available at: https://www.osha.gov/dsg/hazcom/ghs- final-rule.

html. For information on 29 C.F.R. 1910.1200, refer to the below link: http://www.gpo.gov/fdsys/pkg/CFR-2009-title29-vol6/pdf/CFR-2009-title29-vol6-sec1910-1200.pdf.

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW- ON REVISION, IN WHICH

CASE THE AMENDMENT DATE CONTROLS.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B19.03 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DIETHYLENE GLYCOL MONOMETHYL ETHER

(a)WARRANTIES. The Contractor warrants that-- (1)The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and (2)The prices to be invoiced hereunder shall be computed in accordance with the conditions of this contract provision.

(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)Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this contract provision. The market price is derived from quotes, assessments, or sales prices in the market place for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, government body, or other third party independent of the Contractor. For purposes of this contract, the market price is derived from the monthly Large Buyer Clearing Pipeline Delivered price for ethylene in U.S.

dollars per pound, and the monthly Large Buyer Net/Net Price for methanol (synthetic) in U.S. dollars per gallon, published in the MONTHLY PETROCHEMICAL & PLASTICS ANALYSIS report by CHEMICAL DATA INC.

(i)Base market price means the market price from which economic price adjustments are calculated pursuant to this contract provision, which is $1.861770 ($/GL), effective April 1, 2019 (date).

•Adjusting market price means the market price for deliveries during the most recent period, computed using the

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following formula: (5.27 X Ethylene Market Price Per Pound) + (2.295 X (Methanol Market Price Per Gallon/6.6)) WHERE DIEGME weighs 8.5 pounds per gallon, and consists of 62% ethylene and 27% methanol, and (A)5.27 = pounds of ethylene used to produce a gallon of DIEGME.

(B)2.295 = pounds of methanol used to produce a gallon of DIEGME.

(C)6.6 is the conversion factor for converting the price of methanol per gallon to the price of methanol per pound.

(3) Date of delivery is defined as the date product is received by the Government.

(c) ADJUSTMENTS.

(1)Subject to the conditions of this contract provision, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, from the base market price.

(2)CALCULATIONS.

(i)All calculations shall be rounded to four decimal places.

(ii)MONTHLY CONTRACT PAYMENT: The estimated market prices published each month will be used to calculate adjustments to contract prices applicable to deliveries made in the following month. Estimated market prices are indicated in the MONTHLY PETROCHEMICAL & PLASTICS ANALYSIS report by an “e” after the price and are estimated for the current month of publication only. Prices for preceding months listed in the MONTHLY PETROCHEMICAL & PLASTICS ANALYSIS report are finalized prices, which may show a correction from an estimated price. In the event that a finalized price(s) is published correcting the estimated ethylene and/or methanol market prices and the difference between the adjusting market price

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

based on the estimated market prices and the adjusting market price based on the finalized market price(s) for a given month is greater than $0.005, then the Contractor will calculate payments based on the finalized market price(s).

After calculating payments, the Contractor will issue corrected invoices for invoices that were originally paid based on the estimated market prices.

(3)MODIFICATIONS. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a monthly price adjustment modification effective the first day of each month.

(4)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.

(5)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 350 percent of the base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

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

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

(6)REVISION OF MARKET PRICE INDICATOR. In the event -- (i)Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or (ii)The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,--the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(d)EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representative 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.

SECTION C – C QAPS

The C-QAPS below have been attached to FedBizopps for your convenience.

QAP C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

QAP C30 FUEL SYSTEM ICING INHIBITOR (HIGH FLASH) (DEC 2016)

SECTION E - INSPECTION AND ACCEPTANCE

The E-QAPS below have been attached to FedBizopps for your convenience.

QAP E1 CONTRACT INSPECTION RESPONSIBILITIES (SEP 2013)

QAP E12 POINT OF ACCEPTANCE (JUL 2015)

QAP E21.01 POINT OF INSPECTION (JUN 2015)

QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (APR 2016)

QAP E33.07 MANUFACTURING AND FILLING POINTS (MAR 2006)

QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011)

QAP E40.2 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR) / WIDE AREA WORK FLOW (WAWF) ENERGY RECEIVING REPORT (ERR)

(BULK LUBES/ADDITIVES) (JUNE 2014)

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SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

(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 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DLA ENERGY JAN 2012)

(a)On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter-- (1)Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2)Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries-- (i)By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and (ii)Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made (3)All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i)RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A)In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract text.

(B)To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS contract text, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii)TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii)RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv)LIGHTER. In accordance with best commercial practices.

(4)Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b)On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1)Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order. Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for-- (i)Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii)Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A)If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

Or (B)If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii)Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv)Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2)Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

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

(i)An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and (ii)Where the Schedule provides for multiple drop delivery, the Contractor may be required to deliver into more than

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one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

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

(5)When delivery of fuel oil or lubricating oil is made by tank car, such car shall be equipped with steam coils, if specified in the order, to facilitate the unloading of such product.

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

(7)When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility— (i)The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled.

(i)The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the installation by the installation Commander.

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

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

(9)Except for supplies delivered by tank car, boxcar, truck, or lighter, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck. Title to supplies delivered by lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the receiving vessel's tackle is attached to the supplies to be unloaded.

(End of Clause)

F1.09-5 DETERMINATION OF QUANTITY (FSII) (DLA ENERGY MAR 1998)

(a)QUANTITY. The quantity of Fuel System Icing Inhibitor (FSII), DIEGME, furnished under this contract shall be determined in the loading point by calibrated scales or a calibrated loading rack meter.

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

(2)The conveyance must be sealed at origin and the seal numbers must appear on the loading ticket.

(3)The Government reserves the right to determine quantity at destination by using a calibrated scale at the receiving activity or by using a calibrated meter on the receiving tank system.

(4)The Contractor and the Government have the right to witness the measurement of quantity.

(b) VOLUME CORRECTION. The volume of all bulk shipments of FSII shall be corrected to volume at 60oF (or 15oC) in accordance with the following procedure:

(1)Determine the apparent volume and temperature (0.5oF or 0.25oC) using the appropriate standards (see (d) below).

(2)Subtract from the observed temperature of the product either 60oF or 15oC as appropriate.

(3)For diethylene glycol monomethyl ether (DIEGME), multiply the result by 0.00051 for degrees Fahrenheit or 0.00091 for degrees Celsius. Round the resultant number to four decimal places.

(4)Add the figure obtained in subparagraph (3) above to 1.0000.

(5)Divide the apparent volume of FSII as determined in subparagraph (1) above by the result of subparagraph (4). Round the number so obtained to the nearest gallon or liter.

(c)CONVERTING WEIGHT TO VOLUME AT 60 F (or 15 C). When weight in air is used as the basis for quantity determination, the conversion factors below corresponding to the observed specific gravity at 20oC/20oC shall be multiplied by the weight to determine the volume in gallons at 60oF (or in liters at 15oC):

(d) 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. All meters used in determining product volume shall be calibrated using API MPMS, Chapter 4, Proving Systems, 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.

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

(a)Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.

mil. The login account will allow a contractor to register a primary and alternate email address for notifications.

Contractors are strongly encouraged to establish a group email 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 receiptof quotes capability.

All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

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(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; andthe required delivery and/ or service date.

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

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

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

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

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

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

(4)The Contractor’s 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.

(End of Clause)

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: June 30, 2019.

(2)Delivery Period Begins: July 1, 2019 and Ends: 30 June 2021 plus a 30 day carryover 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).

(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 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 toor 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.

F14 SHIPMENT AND ROUTING (DLA ENERGY JAN 2018)

(a)The Contractor shall make shipments of the supplies called for by this contract, or ordered hereunder, if this is an indefinite delivery contract, by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.

(b)On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; provided, however, that the Contractor shall, without additional cost to the Government, arrange to obtain any railway boxcars required for shipments to be made hereunder.

Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that Contractor finds unsatisfactory for loading shall be reported as follows:

(1)Tankers and Barges. Report to the Quality Representative (QR).

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(2)Tank Cars. Report to the QR and by wire (Government rate collect) to Military Traffic Management Command, Deployment Support Command, ATTN: Rail Fleet Manager Building 664, Sheppard Place, Room 337, Fort Eustis, VA 23604.

Any shortage or overage of tank cars shall be similarly reported.

(3)Pipeline, Transport Trucks, Trucks and Trailers, and Tank Wagons. Report to the Quality Representative and to carrier's general office, or to home base or station, of such equipment.

(4)If the supplies are for the Defense Logistics Agency Energy (DLA Energy), also report in each case above to the Defense Energy Region having jurisdiction over the territory in which shipment originates.

(c) If the supplies are to be delivered f.o.b. pipeline, barge, tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant— (5)Unless otherwise directed by the Defense Energy Region placing orders, the Contractor shall create shipments for supplies using US Bank’s Power track, with software and training to be provided by US Bank.

(6)The Contractor shall comply with transportation and routing instructions furnished by the Defense Energy Region.

Such instructions will include carrier names, routes, route order numbers, and other pertinent shipment information.

The Contractor shall be responsible for the scheduling of commercial transport trucks to its plant in accordance with such routing instructions and consonant with the applicable order. All charges due to Contractor caused delays at the loading facility, including improper equipment scheduling, will be the responsibility of the Contractor.

(7)Motor Carrier Performance Reporting. For f.o.b. origin truck deliveries, the Contractor shall maintain a daily written log of motor carrier performance to include: carrier, destination, number of trucks ordered, number of trucks furnished, and deficiencies. On the last business day of each calendar month, the Contractor shall forward a copy of the daily written logs to the DLA Energy Americas office having oversight of the motor carrier contract.

(8)On f.o.b. destination items involving multiple car or truck load shipments, the Contractor shall assign one shipment number for shipments of Petroleum made on the same day, to the same destination, against the same contract line item.

(c)On all tank car and boxcar (carload only) shipments, whether delivery is made on an f.o.b. origin or f.o.b.

destination basis, the Contractor shall send to the consignee at the time of shipment a prepaid telegraphic notice that shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities.

(d)The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, and barges (where sea suction and overboard discharge valves exist), whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

(e) (1)If Government-owned or leased tank cars are furnished, the Contractor will maintain records showing each day a car is received or forwarded by car number and will furnish this information to the Defense Energy Regional Office upon receipt.

(f)Placards, as required by 49 CFR 172.506 and 49 CFR 172-508, shall be furnished and affixed to all tank cars and tank trucks by the Contractor unless placards are already affixed.

(g)The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel.

F42 ORDERS/DELIVERY TIME (LUBES/FSII) (DLA ENERGY MAR 2000)

Orders issued under this contract may be oral, but must be confirmed in writing within one day of issuance.

(a)For CONUS, delivery of product shall be completed by the date specified in the delivery order or 10 calendar days after the order is received, whichever is later.

(b)For OCONUS, f.o.b. destination deliveries, not including Jebel Ali, UAE, or Sitra, Bahrain, delivery of product shall be completed by the date specified in the delivery order or 30 calendar days after the order is received, whichever is later.

For Jebel Ali, UAE, and Sitra, Bahrain, delivery of product shall be completed by the date specified in the delivery order or six weeks after the order is received, whichever is later.

SECTION G - CONTRACT ADMINISTRATION DATA

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

a) Definitions. As used in this clause—

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

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

(WAWF).

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

(b)Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c)WAWF access. To access WAWF, the Contractor shall—

(1)Have a designated electronic business point of contact in the System for Award Management at https://www.

acquisition.gov; and

(2)Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this website.

(d)WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e)WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f)WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1)Document type. The Contractor shall use the following document type(s).

Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2)Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”) (3)Document routing. The Contractor shall use the information in the Routing Data Table below only tofill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWFData to be entered in WAWF Pay Official DoDAACTo be Determined Issue By DoDAACTo be Determined Admin DoDAACTo be Determined Inspect By DoDAACTo be Determined Ship To CodeTo be Determined Ship From CodeTo be Determined Mark For CodeTo be Determined Service Approver (DoDAAC)To be Determined Service Acceptor (DoDAAC)To be Determined Accept at Other DoDAACTo be Determined LPO DoDAACTo be Determined DCAA Auditor DoDAACTo be Determined Other DoDAAC(s)To be Determined (*Contracting Officer: Insert applicable DoDAAC information or “See schedule if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4)Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5)WAWF email notifications. The Contractor shall enter the e-mail address identified below inthe “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”) (g)WAWF point of contact.

(1)The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(1)For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

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

(End of Clause)

G6 INVOICE DISCREPANCIES (BULK) (DLA ENERGY JAN 2012)

(a) In the event of a discrepancy between the invoiced quantity of fuel and the quantity of fuel received, as shown on the “Original Receiving Report for Payment of Invoice” form, as described in the SUBMISSION OF INVOICES FOR PAYMENT

- COMMERCIAL ITEMS (BULK)contract provision, the Contractor shall be paid for actual quantities of fuel received, based on the “Original Receiving Report for Payment of Invoice” form, at the applicable price in effect in accordance with the terms of the contract.

(b) In the event of a discrepancy between the unit price on the invoice and the unit price as calculated under the contract, the Contractor shall be paid the applicable price in effect in accordance with the terms of the contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H19.02 REPORTING REQUIREMENTS FOR SHIPMENTS (DLA ENERGY JAN 2012)

(a)Under Data Item Description (DID) Number DI-MGMT-80320 and AMSC Number S4068, the Contractor shall provide the required transaction data shown under (c) below.

(b)The Contractor agrees to process all transactions or submit necessary documentation for the shipping data specified in (c) below for all f.o.b.