SPE602-19-R-0712_Conformed_RFP_(1).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0080509315

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE602-19-R-0712

6. SOLICITATION ISSUE

DATE

2019 AUG 09

a. NAME

MATTHEW CARROLL

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-2845

8. OFFER DUE DATE/

LOCAL TIME

2019 SEP 09

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)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE602-19-R-0712

NOTES:

1. DLA Energy is procuring AN8, JP5, and MUM on behalf of the National Science Foundation (NSF). The winner of this contract must provide all three products and there will only be one delivery. The ordering period is from Date of Award to January 31, 2020. The delivery period is from December 1, 2019 to January 31, 2020, plus a thirty (30) day carry over period to ensure delivery of orders submitted on the last day of the ordering period.

2. Offers must be submitted on or before September 9, 2019 at 3:00 p.m. Fort Belvoir, VA, local time.

3. Potential offerors may request general information from the Contracting Officer and Lead Buyer before August 23, 2019. After that date, no request for general information will be allowed. Please contact Matthew Carroll and Wendy Banks at Matthew.Carroll@dla.mil and Wendy.Banks@dla.mil if you would like to request general information.

4. SMALL BUSINESS: For questions concerning Small Business matters, contact Mr. Gregory Thevenin at (571) 767- 9465 or 1-800-523-2601

5. DLA will only accept FOB Origin Tanker offers for this procurement.

6. Payment terms for any contract resulting from this solicitation is "Net 30" days.

7. Offerors must submit a completed Offer Submission Package (OSP), with a signed SF 1449 and applicable attachments, to the following email address: BulkFuelsBidCustodian@dla.mil. Offers not sent to the provided email address will be invalid.

8. Please review DLA Energy Contract Text B19.34 ECONOMIC PRICE ADJUSTMENT (OVERSEAS BULK) (DLA ENERGY JAN 2012) and the Reference Prices identified in paragraph (f).

9. Please ensure all applicable Certification and Representations are filled in on the OSP. If it does not apply, please LEAVE BLANK. Please ensure any changes are updated on SAM.

10. All solicitation exception requests must be included in section K (Request for Exceptions) of the OSP to be considered.

11. If any solicitation amendments are issued before closing, please submit a signed copy acknowledging receipt and acceptance.

mailto:Matthew.Carroll@dla.mil mailto:Wendy.Banks@dla.mil mailto:BulkFuelsBidCustodian@dla.mil

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

13. If you are a new or existing offeror offering from a new shipping point, a Pre-Award survey will be conducted.

Please provide a name, address, and point of contact for each shipping point and source of supply.

14. If you are not offering your own product, please review DLA Energy Contract Text L704 EVIDENCE OF RESPONSIBILITY (DLA ENERGY- BULK) in the Solicitation for additional requirements. The offeror is required to submit a supply commitment letter from their source of supply that addresses all five (5) points listed in the text.

15. Offerors will need to submit safety data sheets, hazardous warning labels, and confirmation their employees are or will be trained on the safety data sheets and hazardous warning labels.

16. 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.

17. 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.

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 December 1, 2019 through March 1, 2020, and all associated data are as follows:

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 60 PAGES

CONTINUED ON NEXT PAGE

Section B Quality Technical Provisions

TURBINE FUEL,AVIATI,AN8,1.1K

9130-013730208

PR #: 0080509315

IAW BASIC QAP 52838 ENERGY-QAP-C16.64-3

REVISION NR D DTD 10/17/2018

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 B DTD 12/01/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

Quality Technical Provisions

TURBINE FUEL,AVIATION,JP5,1.1K

9130-002732379

PR #: 0080509315

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:

Quality Technical Provisions

FUEL, GASOLINE,MUM,1.1K

9130-012720983

PR #: 0080509315

IAW BASIC QAP 52838 ENERGY-QAP-C16.69-2

REVISION NR C DTD 06/01/2017

PART PIECE NUMBER:

IAW REFERENCE NON GOVT STD ASTM D4814

REVISION NR DTD

PART PIECE NUMBER:

IAW REFERENCE NON GOVT STD EN228-2012

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 60 PAGES

CONTINUED ON NEXT PAGE

Section B

REVISION NR 20 DTD 03/06/2013

PART PIECE NUMBER:

IAW REFERENCE NON GOVT STD JIS K 2202

REVISION NR DTD

PART PIECE NUMBER: CLASS NO. 1

IAW REFERENCE QAP 52838 ENERGY-QAP-E18.01

REVISION NR A DTD 08/01/2009

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E37

REVISION NR A DTD 12/01/2011

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-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-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

TURBINE FUEL,AVIATI,AN8,1.1K

9130-013730208

PR #: 0080509315

AN8 Requirement Totals are as follows:

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

6,600,000 0 0 6,600,000 UG6

Total Estimated ( AN8 ) Quantity to be Purchased: 6,600,000

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

6,600,000 SPOREJET 1.849048 07/05/2019

Item: 0003 Quantity: 6,600,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 6,600,000

Period of Performance: 12/01/2019-03/01/2020

NSN Delivery Identification State

9130-013730208 (AN8) 499129DPFZ - MCMURDO STATION

TURBINE FUEL,AVIATI

Requirement SPLC

499129DPFZ

Delivery Address: MCMURDO STATION MCMURDO STATION 96599-1035

Service Code Delivery DODAAC Ordering Office DODAAC

NSF 499129 499129

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

BULK:TANKER 100 157,000 O Y Y Y

Delivery Notes: AN-8 is a ultra low sulfur product.

TURBINE FUEL,AVIATION,JP5,1.1K

9130-002732379

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CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 60 PAGES

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Section B

PR #: 0080509315

JP5 Requirement Totals are as follows:

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

850,000 0 0 850,000 UG6

Total Estimated ( JP5 ) Quantity to be Purchased: 850,000

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

AN 850,000 SPOREJET 1.849048 07/05/2019

AN .

Item: 0001 Quantity: 850,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 850,000

Period of Performance: 12/01/2019-03/01/2020

NSN Delivery Identification State

9130-002732379 (JP5) 499129DPFZ - MCMURDO STATION

TURBINE FUEL,AVIATION

Region Requirement SPLC

AN 499129DPFZ

Delivery Address: MCMURDO STATION MCMURDO STATION 96599-1035

Service Code Delivery DODAAC Ordering Office DODAAC

NSF 499129 499129

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

BULK:TANKER 100 21,000 O Y N Y

Delivery Notes: JP5 is a ultra low sulfur product.

FUEL, GASOLINE,MUM,1.1K

9130-012720983

PR #: 0080509315

MUM Requirement Totals are as follows:

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

185,000 0 0 185,000 UG6

Total Estimated ( MUM ) Quantity to be Purchased: 185,000

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

185,000 SPORMGASUN 1.696667 07/05/2019

Item: 0002 Quantity: 185,000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 185,000

Period of Performance: 12/01/2019-03/01/2020

NSN Delivery Identification State

9130-012720983 (MUM) 499129DPFZ - MCMURDO STATION

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 60 PAGES

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Section B

FUEL, GASOLINE

Requirement SPLC

499129DPFZ

Delivery Address: MCMURDO STATION MCMURDO STATION 96599-1035

Service Code Delivery DODAAC Ordering Office DODAAC

NSF 499129 499129

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

BULK:TANKER 100 5,000 O N N N

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 text; and

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

(b) DEFINITIONS. As used throughout this contract text, 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 text.

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

(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) The 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 text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract text, 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 text.

(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 text.

(f) TABLE.

REFERENCE PRICE TABULATION

ITEM NO.

(LISTED ITEMS)

NAME OF

PUBLICATION

HEADING

UNDER WHICH

REFERENCE

PRICE IS

PUBLISHED AND

NAME OF

PRODUCT

LOCATION

WHERE

REFERENCE

PRICE IS

APPLICABLE

REFERENCE

PRICE AS OF

JULY 5, 2019

(EXCLUDES ALL

TAXES)

See Below

Platts Oilgram Price Report (U.S.

Edition)

Product Price Assessments (Asia) See Below

Compute the average low/high for ten published effective days’ prices preceding the date of lift

NOTE: Buyer shall include a note or notes in the Table that will identify the specific publication(s), method(s), and time period(s) for calculating the reference price(s).

PRODUCT REFERENCE PRODUCT

(LOCATION)

REFERENCE PRICE/USG

EFFECTIVE

JULY 5, 2019

AN8 Platts Jet Kerosene FOB (Singapore Cargo)

$1.849048

JP5 Platts Jet Kerosene FOB (Singapore Cargo)

$1.849048

MUM Platts Gasoline Unl 95 FOB (Singapore Cargo)

$1.696667

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 lift. 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 C, D, and E 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 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 days’ reference prices that calculate to be the same, only the first day’s reference and unit prices are shown on the contract price modification. Accordingly, for any lift date not shown on a contract price modification, the last date prior to themissing date is used for payment purposes. If Platts fails to publish an assessment designated for a 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/.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Refer to Solicitation Attachments for the applicable C QAPS within this solicitation.

SECTION E – INSPECTION AND ACCEPTANCE/QAPS

Refer to Solicitation Attachments for the applicable E QAPS within this solicitation.

SECTION F – DELIVERIES OR PERFORMANCE

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 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.

http://www.platts.com/Client%20Services/

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:

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 correction.

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 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; Multiply by Liters at 15C to Gallons at 60F, Multiply by

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.

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

THIS CONTRACT TEXT 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 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 receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

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

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

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

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

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

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

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

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

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

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

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

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

(a) This contract text 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: January 31, 2020.

(2) Delivery Period Begins: December 1, 2019 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).

(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 text shall restrict the Government's rights under the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT contract text.

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

(a) The Contractor shall make shipments of the supplies ordered hereunder 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 the Contractor finds unsatisfactory for loading shall be reported as follows:

(1) TANKERS AND BARGES. Report to the Quality Representative (QR).

(2) TANK CARS. Report to the QR.

(3) TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS. Report to the QR and to carrier's general office, or to home base or station of such equipment.

(c) If the supplies are to be delivered f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant--

(1) The Contractor shall ship the supplies under Government bills of lading, which will be furnished, or arranged for, by the Ordering Officer. If requested by the Government, the Contractor shall prepare Government bills of lading.

(2) The Contractor shall comply with routing instructions furnished by the Government. Such instructions will include carrier names, routes, route order numbers, and other pertinent information.

The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailers, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling.

(d) 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 facsimile or electronic mail notice which shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities.

(e) The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, and barges, 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.

F52 TANKER/OCEAN-GOING BARGE DEMURRAGE AND LOADING CONDITIONS

(DLA ENERGY JAN 2012)

On items calling for delivery f.o.b. tanker/ocean-going barge 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. tanker/ocean-going barge at Contractor's refinery, terminal, or bulk plant will be furnished to the Contractor at least 20 days in advance of the date on which delivery is to be made, which date is hereinafter referred to as the "scheduled delivery date." Each order will specify the quantity to be delivered, the scheduled delivery date, the cargo number, and, if then available, the name and size of the tanker/ocean-going barge (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 objections, 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 previous 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 in writing.

(b) EXPECTED TIME OF ARRIVAL. The vessel designated to lift the cargo will notify the Contractor’s load facility, at the telex/facsimile number provided by the Contractor, of the name and the expected hour of arrival of the vessel at least 72 hours before the expected time of arrival, and at additional intervals of 48 and 24 hours before expected arrival. When vessels are scheduled to load at more than one contract source within a port complex, the 72-48-24 hour notices will be provided by the vessels to all contract sources at the same time as the notice is provided to the first contract source and will stipulate the order of loading.

(c) LAYTIME. The Contractor shall provide as soon as possible, but within 6 hours after issue of notice of readiness to load from the vessel designated to load the cargo, a reachable berth, free of cost to the Government, for the loading of supplies ordered, where at least vessels with a maximum draft of 37 feet can be safely moored and remain afloat at all times. When vessels are scheduled to load at more than one contract source within a port complex, notice of readiness will be provided once by the vessel to all contract sources simultaneously. Laytime shall commence, berth or no berth, either at the expiration of 6 hours after notice of readiness is received 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 agreed scheduled delivery date as determined pursuant to paragraph (a) above, the Government's 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 6:00 a.m. local time on the last agreed scheduled delivery date, whichever first occurs.

(2) If the vessel is tendered for loading later than noon of 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 moor the vessel in its turn with other vessels as loading berths become available. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 a.m. on the date the Government vessel’s turn occurred, regardless of whether the cargo is available.

(3) For two or more contract sources within a port complex, laytime for the second or subsequent source begins when the vessel leaves the prior source Laytime credit will be allowed for transit time between the prior and subsequent load source based on the actual transit time from the previous source to the subsequent source’s loading berth or anchorage area if the berth is not available for the Government’s vessel. In the event a berth is not available and the vessel is forced to anchorage, no additional laytime credit will be allowed when the vessel finally gets clearance to moor at the contractor’s berth.

(4) Laytime shall continue 24 hours a day, 7 days a week, without interruption from its commencement until the entire loading of the vessel cargo 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 36 hours of basic allowed laytime for loading a full vessel cargo. The 36 hours covers all operations for loading including cushioning and topping tanks. When partial vessel cargoes are to be loaded, a portion of the 36 hours basic laytime will be allocated to each loading port equal to the percentage of the total quantity loaded at each loading port or source.

(2) INCREASES TO BASIC ALLOWED LAYTIME.

(i) If after laytime commences, the condition of 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 which occurred after laytime commenced.

(iii) After laytime commences, when vessels are required to dock at anchorage due to vessel delays such as vessel inspection and inerting , laytime credit will be allowed for transit time from anchors away at anchorage until first line ashore berthing, not to exceed 2 hours.

(iv) If regulations of the owner or operator of the vessel prohibit loading at any time after laytime has commenced, time so lost shall be added to the basic allowed laytime.

(v) If for any reason the Contractor is delayed in loading the vessel 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.

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