SPE60222R0717.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE602-22-R-0717

5. SOLICITATION NUMBER

2022 SEP 12

6. SOLICITATION ISSUE

DATE

Briana Mayfield DBM0071

a. NAME

Phone:

b. TELEPHONE NUMBER (No Collect calls)

2022 OCT 12

8. OFFER DUE DATE/

LOCAL TIME

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

324110NAICS:

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

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

571-732-5627

SOLICITATION NOTES

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

1. To be evaluated for award, one copy of this Offer Submission Package (OSP) must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in this Offer Submission Package or as an attachment to the solicitation on the www.SAM.gov website. The following documents must be received no later than October 12 2022 at 3:00PM, Fort Belvoir, VA Local Time:

a. Signed Standard Form (SF) 1449

b. Offer Submission Package (OSP)

• Attachment 1 – Offer Submission Package_OSP

• Attachment 2 – OSP Section B

c. All applicable fill in clauses

• Attachment 5 – Fillable Clauses

• Attachment 6 – 52.229-11 Tax on Certain Procurements

d. A signed copy of all Amendments (if applicable)

e. Applicable letters of commitment (see L2.07 for requirements)

f. Applicable certificates of analysis

g. Applicable transportation agreements

2. The NuStar Southlake Products pipeline is currently out of service. Since 2000, DLA has not received a fuel offer utilizing the 10-mile pipeline spur. The pipeline spur is in good condition but requires refurbishing and further inspection prior to being reactivated. As a result, additional capital investment cost will be required by any potential offeror to make the necessary improvements to the pipeline to make it serviceable, build any necessary direct subline connects to the NuStar Spur line, and add additive injector capabilities.

Considering these additional cost considerations this procurement may result in higher than the average price per gallon paid for like or similar products with an already established and serviceable infrastructure.

3. The period of performance for this requirement is a 3-year base: April 1, 2024 – March 31, 2027 with two (2) one-year option periods:

April 1, 2027 – March 31, 2028 April 1, 2028 – March 31, 2029

4. Pursuant to L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010), offers submitted by e-mail must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures. E-mail address in which to submit offers is BulkFuelsBidCustodian@dla.mil.

5. SYSTEM FOR AWARD MANAGEMENT (SAM): Note that registration and renewal in SAM is free of charge. Websites and/or fee-for-service arrangements that charge a fee to register or renew a registration in SAM are not affiliated with the United States Government. The United States Government does not charge any fee for a company to register, or renew registration, in SAM.

6. OFFEROR SUBMISSION: OSP ATTACHMENTS

a. Once an offeror has submitted an attachment to its OSP in a negotiation round, the offeror is NOT required to resubmit the same attachment UNLESS the attachment is being revised.

http://www.sam.gov/ mailto:BulkFuelsBidCustodian@dla.mil.

For technical evaluation, if the Government determines that any attachment to document attached to the offeror’s OSP is Acceptable, the offeror is not required to resubmit these same documents again in any subsequent revised offer(s) unless the offeror needs to submit revised information for further evaluation.

If the Government determines that any attachment document in an offeror’s OSP is Unacceptable, the offer will remain Unacceptable until the offeror submits a revised document for evaluation or formally withdraws the document from its offer, as instructed by the Government.

b. An offeror’s submission of an attachment in any subsequent revised offer(s) replaces, and constitutes the formal withdrawal of, the same or similar attachment in any previous offer(s), regardless of whether the earlier attachment was Acceptable or Unacceptable.

Therefore, if an offeror’s original attachment is Acceptable, the later submission of an Unacceptable version of the attachment replaces and withdraws the Acceptable version, making the offer Unacceptable.

7. SUPPLY COMMITMENT LETTERS: Dealers (non-manufacturers) must obtain and submit a firm and adequate supply commitment letter in accordance with L704 EVIDENCEOF RESPONSIBILITY (DLA ENERGY- BULK) no later than Interim Proposals. If an adequate supply commitment letter is not received, the contracting officer may not be able to obtain sufficient information to make an affirmative responsibility determination.

8. MEASUREMENT: Maximum and minimum parcel sizes for each location are expressed in Barrels (BBLS). All other volumes are stated in U.S. Gallons (USG) unless indicated differently.

9. SPECIFIC TO THE NUSTAR SOUTHLAKE PRODUCTS PIPELINE:

Pipeline Product Flash Point (Degrees Fahrenheit) NuStar Southlake Products JAA 108°F

10. FOB Destination Jet A pipeline CLINs, failure of the product received into the Acceptance tank, as verified by failure of incoming retained samples, will require the contractor to remove all product in the tank, clean the tank, and provide a replacement batch that will cover the received amount as well as the amount of product that was in the tank prior to the off-spec condition as soon as possible. In this case, retained samples will be taken on the incoming line prior to receipt into the receiving activity's tanks.

11. Evaluation of PIPELINE, volumes may be limited to basis of supply chain constraints such as, throughput capacity, provisions of governing tariff/shippers manual, asset availability, and solicited minimum/maximum parcel sizes. If the application of this provision results in a restriction to the quantity offered, then the Government will restrict the volume available for award.

12. DESTINATION OFFERS: 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.

13. 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.

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

WIRE TRANSFER SYSTEM: Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors are advised to verify their Financial Institution (FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their FI prior to submission of the first invoice.

15. SECTION C AND SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): For all Quality and Technical provisions please review the Solicitation and Attachments. QAPS are identified by reference in Section C and E and are attached in full text to this solicitation. Review any updates via the DIBBS website. You will need a DIBBS account to access the Technical Data tab. The web address is https://www.dibbs.bsm.dla.mil/default.aspx. If you are having problems setting up you DIBBS account, please call the DLA Enterprise Help desk at 1- 855-352-0001.

16. Under 10 U.S.C. § 2922h(a), absent a waiver, “the Secretary of Defense may not make a bulk purchase of a drop-in fuel for operational purposes unless the fully burdened cost of that drop-in fuel is cost-competitive with the fully burdened cost of a traditional fuel available for the same purpose.” If a contract for drop-in alternative fuel is awarded under this solicitation, it would qualify as a “bulk purchase of a drop-in fuel for operational purposes.” Therefore, in accordance with 10 U.S.C. § 2922h, a drop-in alternative fuel offer will be ineligible for contract award unless the fully burdened cost of the drop-in fuel is found to be cost competitive.

17. FAR 52.212-2, Factor 1: Technical Acceptability: The below items must be included in any initial offers in addition to all technical items outlined in FAR 52.212-2, Factor 1: Technical Acceptability. Offerors are reminded that the contracting officer has the right to set a competitive range in accordance with FAR 15.306(c).

a. Offered prices must be tied to base reference prices in the OSP, in accordance with

(IAW) B19.33.

b. All exceptions, including any price escalator exceptions, must be noted in the OSP

- Any exception/deviation to the solicitation that is not in Section M of the OSP or in an attachment compliant with subsection (f) of M72.10 will not be considered and will be rejected, regardless of whether the exception/deviation is explicitly labeled as an exception or a deviation.

- Offerors shall provide written details during negotiations to address any and all technical issues and/or exceptions that the Government has identified as “Unacceptable” prior to the submission of Final Proposal Revisions (FPRs).

- FPRs are the final opportunity to revise proposals to address any technical acceptability issues. If a FPR includes an unresolved technical issue or an exception that is not acceptable to the Government, the offer will be found technically unacceptable and ineligible for award.

c. All supply commitment letter(s) (if applicable) must be submitted as an http://www.dibbs.bsm.dla.mil/default.aspx attachment per L704

d. Additive prices must be included if offer includes additives.

e. Complete clauses as prescribed in the solicitation and attach in the OSP.

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

19. All previous years award information can be obtained from Contract Opportunities on the webpage www.SAM.gov.

20. In accordance with M72.10 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (BULK) (DLA ENERGY OCT 2020), an evaluation factor of $0.0050114 per USG will be added to any proposal that contains an exception to the Net 30 payment terms of the solicitation. For this exception request to be valid, the exception must be submitted under the Requests for Exceptions section of the OSP. The SF1449 by itself indicating Net 15 in block 12 will not be considered a request for an exception.

SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

The schedule below indicates the supplies to be furnished:

The rest of this page is intentionally blank

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

SPE602-22-R-0717

Section B Quality Technical Provisions

TURBINE FUEL,AVIATION,JAA,2.2A

9130-003592026

PR #: 0095540458,0095632535

IAW BASIC QAP 52838 ENERGY-QAP-C16.08-1

REVISION NR B DTD 04/22/2020

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 B DTD 03/28/2022

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR C DTD 08/07/2020

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,AVIATION,JAA,2.2A

9130-003592026

PR #: 0095540458,0095632535

JAA Requirement Totals are as follows:

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

230,560,000 0 0 230,560,000 UG6

Total Estimated ( JAA ) Quantity to be Purchased: 230,560,000

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

IN 230,560,000 PLTSGCJET 0.000000 00/00/0000

IN .

Item: 0002 Quantity: 46,640,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 46,640,000

Period of Performance: 04/01/2025-03/31/2026

NSN Delivery Identification State

9130-003592026 (JAA) ALTUS - ALTUS AFB OK

TURBINE FUEL,AVIATION

Region Requirement SPLC

IN 639850240

Delivery Address: FUELS MANAGEMENT FLIGHT ALTUS AFB OK 73521

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F2F

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

BULK:TRUCK 100 O/D Y Y Y

BULK:PIPE 80 25,000 15,000 D Y Y Y

Delivery Mode Notes: TRUCK- DELIVERY REQUIRE 4-INCH ADAPTORS.

SPE602-22-R-0717

Section B

Delivery Hours: TRUCK-0700-1800 MON-FRI

Delivery Notes: PIPELINE MODE IS NOT EFFECTIVE UNTIL 01 APRIL 2024 AND WILL REFERENCE A SEPARATE

SOLICITATION.

Item: 0003 Quantity: 46,640,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 46,640,000

Period of Performance: 04/01/2026-03/31/2027

NSN Delivery Identification State

9130-003592026 (JAA) ALTUS - ALTUS AFB OK

TURBINE FUEL,AVIATION

Region Requirement SPLC

IN 639850240

Delivery Address: FUELS MANAGEMENT FLIGHT ALTUS AFB OK 73521

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F2F

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

BULK:TRUCK 100 O/D Y Y Y

BULK:PIPE 80 25,000 15,000 D Y Y Y

Delivery Mode Notes: TRUCK- DELIVERY REQUIRE 4-INCH ADAPTORS.

Delivery Hours: TRUCK-0700-1800 MON-FRI

Delivery Notes: PIPELINE MODE IS NOT EFFECTIVE UNTIL 01 APRIL 2024 AND WILL REFERENCE A SEPARATE

SOLICITATION.

Item: 0004 Quantity: 46,640,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 46,640,000

Period of Performance: 04/01/2028-03/31/2029

NSN Delivery Identification State

9130-003592026 (JAA) ALTUS - ALTUS AFB OK

TURBINE FUEL,AVIATION

Region Requirement SPLC

IN 639850240

Delivery Address: BLDG 385, 717 SOUTH 1ST ST, ALTUS AFB OK 73523

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F2F

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

BULK:TRUCK 100 O/D Y Y Y

BULK:PIPE 80 25,000 15,000 D Y Y Y

Delivery Mode Notes: TRUCK- DELIVERY REQUIRE 4-INCH ADAPTORS.

Delivery Hours: TRUCK-0700-1800 MON-FRI

Delivery Notes: PIPELINE MODE IS NOT EFFECTIVE UNTIL 01 APRIL 2024 AND WILL REFERENCE A SEPARATE

SOLICITATION.

Item: 0005 Quantity: 46,640,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 46,640,000

Period of Performance: 04/01/2027-03/31/2028

NSN Delivery Identification State

9130-003592026 (JAA) ALTUS - ALTUS AFB OK

TURBINE FUEL,AVIATION

SPE602-22-R-0717

Section B

Region Requirement SPLC

IN 639850240

Delivery Address: BLDG 385, 717 SOUTH 1ST ST, ALTUS AFB OK 73523

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F2F

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

BULK:TRUCK 100 O/D Y Y Y

BULK:PIPE 80 25,000 15,000 D Y Y Y

Delivery Mode Notes: TRUCK- DELIVERY REQUIRE 4-INCH ADAPTORS.

Delivery Hours: TRUCK-0700-1800 MON-FRI

Delivery Notes: PIPELINE MODE IS NOT EFFECTIVE UNTIL 01 APRIL 2024 AND WILL REFERENCE A SEPARATE

SOLICITATION.

Item: 0001 Quantity: 44,000,000.000 UG6 8A Quantity: 0 SA Quantity: 0 Unrestricted: 44,000,000

Period of Performance: 04/01/2024-03/31/2025

NSN Delivery Identification State

9130-003592026 (JAA) ALTUS - ALTUS AFB OK

TURBINE FUEL,AVIATION

Region Requirement SPLC

IN 639850240

Delivery Address: FUELS MANAGEMENT FLIGHT ALTUS AFB OK 73521

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F2F

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

BULK:TRUCK 100 O/D Y Y Y

BULK:PIPE 80 25,000 15,000 D Y Y Y

Delivery Mode Notes: TRUCK- DELIVERY REQUIRE 4-INCH ADAPTORS.

Delivery Hours: TRUCK-0700-1800 MON-FRI

Delivery Notes: PIPELINE MODE IS NOT EFFECTIVE UNTIL 01 APRIL 2024 AND WILL REFERENCE A SEPARATE

SOLICITATION.

B19.33 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE – DLA

ENERGY DOMESTIC BULK (DLA ENERGY JUNE 2017)

(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 text; and

(2) The prices to be invoiced shall be computed in accordance with the wording of this contract text.

(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) 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 text. The market price is derived from quotes, assessments, or sales prices in the marketplace 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, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column V of the table below, which is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) For tanker or barge deliveries.

(A) Free on board (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) Subject to the wording of this contract text, 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 applicable at date of delivery increases or decreases, per like unit of measure, from the base market price.

(2) Calculations. All calculations shall be rounded to six decimal places.

(3) Modifications. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a weekly price adjustment modification effective each Tuesday.

(4) Failure to deliver. Notwithstanding any other wording 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.

(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 contract texts shall not exceed 815% percent of the original 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 wording 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 which 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 established 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

(iii) on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms and Conditions - Commercial Items contract text of this contract.

(d) Conversion factors. If this contract text requires quantity conversions for economic price adjustment purposes, the conversion factors for applicable products, as specified in the DLA Energy conversion factor instruction, apply unless otherwise specified in the Schedule.

(e) 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 wording of this contract text.

(f) 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.

(g) Table:

Item No. Name of Publication

Heading under which market indicator is published and name of product

Location where market price is applicable

Base market price of

September 6, 2022 (excludes taxes). See note(s).

EAST/GULF/INLAND/OFFSHORE

JP5/JP8/JAA (Formula ID:

PLGRW3JET)

PLATTS

OILGRAM

PRICE

REPORT

JET KERO

GROUP 3

SPOT

REPORT

GROUP 3 $3.553220

NOTE 1: The reference price shall be determined as follows: 100% Average of the Low and High Group 3.

NOTE 2: Offers based on the Jet Kero Group 3 Spot market price indicator will be subject to a positive factor of $0.003555 for evaluation purposes only. This evaluation factor represents the spread between the difference of the two reference prices and the 12-month averages of both market price indicators.

NOTE 3: Prices based on this escalator will change on Tuesdays based on the prior week average. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices are not published) shall be the adjusting market price effective for the following Tuesday through Monday.

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

QAP C16.08-1 TURBINE FUEL, AVIATION (JET A) (APR 2020)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

QAP El CONTRACTOR INSPECTION RESPONSIBILITIES (MARCH 2022)

QAP E12 POINT OF ACCEPTANCE (JULY 2015)

QAP E21.01 POINT OF INSPECTION (JUN 2015)

QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (FEB 2022)

QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011)

QAP E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) BULK FUEL/DIRECT DELIVERY

AVIATION FUEL) (JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16-- VARIATION IN QUANTITY (APR 1984)

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

Fl 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 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. 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.

Fl.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.

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 non-residual 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 Fl.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@ 15°C

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

Liters at 15°C to Gallons at 60°F;

Multiply by

0.723- 0.768

3.78286 0.26435

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-ls, 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.

Fl.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.

(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.

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

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

(a) This contract text applies to all modes of delivery,…