SPE603-26-R-0526 (Ft. Bragg).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7014270848

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE603-26-R-0526

5. SOLICITATION NUMBER

2026 AUG 04

6. SOLICITATION ISSUE

DATE

Morishita Armstead DMA0025

a. NAME

Phone: DSN695-5512

b. TELEPHONE NUMBER (No Collect calls)

2026 AUG 26

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS 100UNRESTRICTED 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

493190NAICS:

$36.5MSIZE 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

09:00 AM

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)

Table of Contents Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

SERVICES TO BE FURNISHED AND PRICES

SECTION C – SPECIFICATIONS – STATEMENT OF WORK (SOW)/STATEMENT OF OBJECTIVES

(SOO)/PERFORMANCE WORK STATEMENT (PWS)

SUPPLEMENT: C0001 C05 CHANGES TO KEY PERSONNEL (OCT 16)

DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)

SUPPLEMENT: RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS

SUPPLEMENT: LIABILITY FOR FUEL SPILLS

SUPPLEMENT: INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD

SUPPLEMENT: CUSTODY OF PERTROLEUM PRODUCT

SUPPLEMENT: USE OF FACILITIES

SUPPLEMENT: TITLE TO FACILITIES

SUPPLEMENT: ENVIRONMENTAL PROTECTION

SECTION E – INSPECTION AND ACCEPTANCE

FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

SECTION G - CONTRACT ADMINISTRATION DATA

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

SUPPLEMENT: ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

SUPPLEMENT: DESIGNATION OF PROPERTY ADMINISTRATOR

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SUPPLEMENT: H0001 H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (DEC

2021)

SUPPLEMENT: GUARD SERVICE

SECTION I - CONTRACT CLAUSES

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (FEB 2026)

(DEVIATION 2026-O0038)

SOLICITATION SPE603-26-R-0526

DFSP Ft. Bragg

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

FAR 52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (APR

2026) (DEVIATION 2026-O0040, REVISION 1)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY

2024)

FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

FAR 52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2026)

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.233-1 DISPUTES (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.246-25 LIMITATION OF LIABILITY-SERVICES (FEB 1997)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.253-1 COMPUTER GENERATED FORMS (FEB 2026) (DEVIATION 2026-O0038)

DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (DEC 2022) 56

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(JAN 2023)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (MAY 2024)

DFARS 252.204-7021CONTRACTOR COMPLIANCE WITH THE CYBERSECURITY

MATURITY MODEL CERTIFICATION LEVEL REQUIREMENTS (NOV 2025)

DFARS 252.204-7023 REPORTING REQUIREMENTS FOR CONTRACTED SERVICES—

BASIC (JUL 2021)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (OCT 2024)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (MAY 2019)

DFARS 252.215-7016 NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (OCT

2025)

DFARS 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023)

DFARS 252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND

HAZARDOUS MATERIALS (SEP 2014)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

DFARS 252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS AND

TUNGSTEN (MAY 2024)

DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS

OPERATIONS— REPRESENTATION (DEVIATION 2024-O0006, REVISION 1) (MAR 2024) . 77

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIN SMALL BUSINESS CONCERNS (JAN

2023)

DFARS 252.226-7003 DRUG-FREE WORK FORCE (AUG 2024)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY

CONTRACTOR PERSONNEL (JAN 2023)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

DFARS 252.244-7999 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0015)

DFARS 252.245-7005 MANAGEMENT AND REPORTING OF GOVERNMENT PROPERTY

(JAN 2024)

DFARS 252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT

FOR MILITARY OPERATIONS (OCT 2010)

DFARS 252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (OCT 2024)

DFARS 252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (AUG 2012) ... 96

DLAD 5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (JUN 2020)

SECTION J – LIST OF ATTACHMENTS

ATTACHMENT I: PERFORMANCE WORK STATEMENT (PWS)

ATTACHMENT II: PAST PERFORMANCE WORK QUESTIONNAIRE FORM

ATTACHMENT III: PAST PERFORMANCE INFORMATION DISCLOSURE CONSENT FORM

ATTACHMENT IV: PAST PERFORMANCE REFERENCE LIST

ATTACHMENT V: FT. BRAGG WAGE DETERMINATION 2015-4377 REVISION NO.: 30

ATTACHMENT VI: FT.BRAGG FUEL FACILITY SITE DATA (Addendum)

ATTACHMENT VII: DLA ENERGY QUALITY ASSURANCE PROVISIONS (E-QAP)

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

OR RESPONDENTS

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS- REPRESENTATION (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2026) (DEVIATION

2026-O0038)

FAR 52.223-1 BIOBASED PRODUCT CERTIFICATION (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (FEB 2026) (DEVIATION

2026-O0038)

FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (FEB 2026) (DEVIATION

2026-O0038)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2022)

SUPPLEMENT: AUTHORIZED NEGOTIATORS

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (FEB 2026) (DEVIATION 2026-O0038)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.216-1 TYPE OF CONTRACT (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.233-2 SERVICE OF PROTEST (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.237-1 SITE VISIT (APR 1984)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

DFARS 252.204-7998 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(DEVIATION 2026-O0043) (FEB 2026)

DFARS 252.207-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK

SYSTEM (MAR 2023)

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022)

DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA-BASIC (MAY 2024)

SUPPLEMENT: L0001 L08 USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) IN

PAST PERFORMANCE EVALUATIONS (JUN 2024)

SUPPLEMENT: PROPOSAL ACCEPTANCE PERIOD

SUPPLEMENT: E-MAIL PROPOSALS

SUPPLEMENT: WAGE DETERMINIATION

SUPPLEMENT: PREPROPOSAL CONFERENCE (SERVICES)

SECTION M – EVALUATION FACTOR FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(FEB 2026) (DEVIATION 2026 – O0038)

FAR 52.217-5 EVALUATION OF OPTIONS (FEB 2026) (DEVIATION 2026-O0038)

SUPPLEMENT: EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

SERVICES TO BE FURNISHED AND PRICES

See Section M, FAR 52.212-2, Evaluation of Factors for Award, Price Factor 3 for evaluation methodology concerning all price proposals.

The services to be furnished during the period specified herein and the unit prices are as follows:

The Contractor shall operate, maintain, manage and provide Contractor Owned Contractor Operated (COCO) retail/bulk fuel services operate and maintain government owned fuel facilities on DFSP Fort Bragg, NC.

LINE ITEM 0001 (BASE): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

The Contractor shall operate, maintain, manage and provide at Contactor Owned Contractor Operated (COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2027, through July 31, 2031.

PLACE OF PERFORMANCE: East Bragg Facility

The offered price per month for performing these services at the location(s) above is $____________

ITEM NO. SUPPLIES/SERVICE QUANTITY UNIT UNIT PRICE TOTAL

0001 Months

LINE ITEM 0002 (BASE): CONUS GCCO Storage Services, V20000037: (FIRM-FIXED

PRICE)

The Contractor shall operate, maintain, manage and provide Contractor Owned Contractor Operated (COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2027, through July 31, 2031.

PLACE OF PERFORMANCE: 82nd Airborne Facility

0002 Months

LINE ITEM 0003 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2031, through July 31, 2036.

0003 Months

LINE ITEM 0004 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2031, through July 31, 2036.

0004 Months

LINE ITEM 0005 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2036, through July 31, 2041.

0005 Months

LINE ITEM 0006 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2036, through July 31, 2041.

0006 Months

LINE ITEM 0007 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2041, through July 31, 2046.

PLACE OF PERFORMANCE: East Bragg Fuel Point

0007 Months

LINE ITEM 0008 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2041, through July 31, 2046.

0008 Months

LINE ITEM 0009 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2046, through July 31, 2051.

0009 Months

LINE ITEM 0010 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2051, through July 31, 2056.

0010 Months

LINE ITEM 0011 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2051, through January 31, 2056.

0011 Months

LINE ITEM 0012 (OPTION): CONUS COCO Storage Services, V20000037: (FIRM-FIXED PRICE)

(COCO) retail/bulk fuel services in accordance with the Performance Work Statement and all other terms and conditions set forth herein for the period August 1, 2051, through January 31, 2056.

0012 Months

SECTION C – SPECIFICATIONS – STATEMENT OF WORK (SOW)/STATEMENT OF

OBJECTIVES (SOO)/PERFORMANCE WORK STATEMENT (PWS)

The Performance Work Statement is hereby incorporated by reference if fully set forth herein. See Attachment I and VI.

SUPPLEMENT: C0001 C05 CHANGES TO KEY PERSONNEL (OCT 16)

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)

(a) Definitions. As used in this clause—

“Credible information” means information that, considering its source and the surrounding circumstances, supports a reasonable belief that an event has occurred or will occur.

“Critical safety item” means a part, subassembly, assembly, subsystem, installation equipment, or support equipment for a system that contains a characteristic, any failure, malfunction, or absence of which could have a safety impact.

“Safety impact” means the occurrence of death, permanent total disability, permanent partial disability, or injury or occupational illness requiring hospitalization; loss of a weapon system; or property damage exceeding $1,000,000.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for the Contractor or another subcontractor under this contract.

(b) The Contractor shall provide notification, in accordance with paragraph (c) of this clause, of—

(1) All nonconformances for parts identified as critical safety items acquired by the Government under this contract; and

(2) All nonconformances or deficiencies that may result in a safety impact for systems, or subsystems, assemblies, subassemblies, or parts integral to a system, acquired by or serviced for the Government under this contract.

(c) The Contractor—

(1) Shall notify the Administrative Contracting Officer (ACO) and the Procuring Contracting Officer (PCO) as soon as practicable, but not later than 72 hours, after discovering or acquiring credible information concerning nonconformances and deficiencies described in paragraph (b) of this clause; and

(2) Shall provide a written notification to the ACO and the PCO within 5 working days that includes—

(i) A summary of the defect or nonconformance;

(ii) A chronology of pertinent events;

(iii) The identification of potentially affected items to the extent known at the time of notification;

(iv) A point of contact to coordinate problem analysis and resolution; and

(v) Any other relevant information.

(d) The Contractor—

(1) Is responsible for the notification of potential safety issues occurring with regard to an item furnished by any subcontractor; and

(2) Shall facilitate direct communication between the Government and the subcontractor as necessary.

(e) Notification of safety issues under this clause shall be considered neither an admission of responsibility nor a release of liability for the defect or its consequences. This clause does not affect any right of the Government or the Contractor established elsewhere in this contract.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for—

(i) Parts identified as critical safety items;

(ii) Systems and subsystems, assemblies, and subassemblies integral to a system; or

(iii) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.

(2) For those subcontracts, including subcontracts for commercial products or commercial services, described in paragraph (f)(1) of this clause, the Contractor shall require the subcontractor to provide the notification required by paragraph (c) of this clause to—

(i) The Contractor or higher-tier subcontractor; and

(ii) The ACO and the PCO, if the subcontractor is aware of the ACO and the PCO for the contract.

(End of clause)

SUPPLEMENT: RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

For use in service solicitations/contracts where Government-owned products will be received, stored and transmitted.

Also for use by into-plane, as required, when Government-owned product is used to fuel U.S. Government aircraft.

(a) Regarding, title to any Government-owned petroleum products in the possession of or under the custody of the Contractor by reason of this contract, the Government shall at all times have access to the premises wherein any such property is located. When product is received on an f.o.b. destination basis, the Product Supplier or his representative may witness all quantity and quality functions during the receipt of the product into Government-owned Contractor-operated/Contractor-owned Contractor-operated tanks.

(b) The Contractor shall protect and preserve such property in a manner consistent with sound industrial practice.

(c) At the end of the contract period the Government may abandon any Government-owned petroleum products in place, at which time all obligations of the Government regarding such abandoned petroleum products shall cease. The contract price shall be reduced to reflect the fair market value of any abandoned petroleum products.

If an agreement as to compensation for abandoned petroleum products cannot be reached in a timely manner, the Contracting Officer will make a formal determination.

(d) The Contractor shall not be liable for loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(e) In the event the Contractor is reimbursed or compensated for any loss or damage to such property, the contractor shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

SUPPLEMENT: LIABILITY FOR FUEL SPILLS

The Contractor shall take all measures required by law and good business practice to prevent fuel spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water). In the event that the Contractor's failure to take such measures results in a fuel spill, the Contractor shall be liable for the costs of spill containment, cleanup, and disposal. In addition, the Contractor shall reimburse the Government for any resulting fines or penalties.

SUPPLEMENT: INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD

(a) INTRODUCTION. The Contractor shall prepare all documentation and systemically process related transactions in accordance with the information and instructions provided herein; DoD Manual 4140.25, DoD Management of Energy Commodities, available at the Washington Headquarters Service site, https://esd.whs.mil/issuances/dodm; and applicable DLA Energy publications listed below, which are available at https://fuelstraining.com or https://www.jllis.mil/ under DLA Energy Portal, then attachments :

Title Description

DLA Energy P-1 RECORDING AND PROCESSING INVENTORY TRANSACTIONS

DLA Energy P-2 RECEIPT AND SHIPMENT OF PETROLEUM PRODUCTS

DLA Energy P-3 DOCUMENT/DATA CONTROL AND RETENTION

DLA Energy P-4 PROHIBITION AGAINST ENTERING PRIVACY ACT INFORMATION/PERSONALLY

IDENTIFIABLE INFORMATION IN THE BASE LEVEL SYSTEMS APPLICATION (BLSA)

https://esd.whs.mil/issuances/dodm https://fuelstraining.com/ https://www.jllis.mil/

DLA Energy P-5 VEHICLE IDENTIFICATION LINK (VIL) KEY ENCODING, ACCOUNTABILITY, AND

CONTROL

DLA Energy P-7 ACCOUNTABILITY AND CUSTODIAL RESPONSIBILITIES FOR DEFENSE

WORKING CAPITAL FUND (DWCF) INVENTORY AND GOVERNMENT PROPERTY

DLA Energy P-8 FUEL CARD PROGRAM

DLA Energy P-9 DoD PETROLEUM LABORATORY CORRRLATION PROGRAM

DLA Energy P-11 ENERGY AEROSPACE

DLA Energy P-12 DEFENSE LOGISTICS AGENCY ENERGY (DLA) SUSTAINMENT, RESTORATION, AND MODERNIZATION (SRM) OF FACILITIES

DLA Energy P-13 RESPONSIBILITIES FOR PETROLEUM AND AEROSPACE CUSTOMER DIRECT

SUPPORT

DLA Energy P-14 CAUSATIVE RESEARCH AND FINANCIAL LIABILITY INVESTIGATION OF

PROPERTY LOSS

DLA Energy P-22 PROCEDURES FOR REQUISTION, FUNDING REQUESTS, OR REIMBURSEMENT OF

FILTER/COALESCER ELEMENTS

DLA Energy P-25 DEFENSE FUELS SUPPORT POINT (DFSP) ELECTRONIC POINT OF SALE (EPOS)

FIXED AND MOBILE DEVICE US

DLA Energy P-23 Procedures for Authorization and Processing Ground Re-Issue Transactions.

DLA Energy P-26 Defense Logistics Agency (DLA) Energy Automated Information Systems (AIS)

DLA Energy P-27 PROCESSING OF FUEL SALES TO DISASTER RELIEF AGENCIES

DLA Energy P-29 EPoS CUSTOMER QR CODES 06/01/2022

DLA Energy P-30 DFSP EPOS FACILITY RESPONSIBILITIES

EPoS DTM This Directive Type Memorandum (DTM) is for DLA Energy, DLA Energy approved customers, and Responsible Officers (RO) / Terminal Managers (TM) at DFSPs that use EPoS Fixed and/or Mobile devices.

03/01/2023

DLA Energy P-32 DEFENSE FUEL SUPPORT POINTS (DFSP) BASE LEVEL SUPPORT APPLICATION

TRAINING

DLA Energy P-33 QUALITY MANAGER AND QUALITY ASSURANCE REPRESENTATIVE (QAR)

WIDE AREA WORKFLOW (WAWF) INSPECTION DATA GUIDANCE

DLA Energy P-35 DLA ENERGY NON-DoD FUEL PURCHASE AUTHORIZATION PROGRAM

DLA Energy P-37 PROCESSING REVERSALS/CHANGES TO DWCF TRANSACTIONS

DLA Energy P-40 FUEL SPILL/LEAK/RELEASE REPORTING

Documents and procedures are subject to change on a recurring basis, and notifications of changes or newly published documents are announced during logon to the DLA Energy Accountable Property System of Record (APSR). Unless the Government has specifically stated that the Government will provide the hardware (usually at Government-owned facilities), the Contractor shall provide requisite hardware (specifications will be provided by the Government) capable of processing all applicable inventory and accounting transactions on a daily (on normal business days excluding weekend and holidays) through DLA Energy-provided applications or software. The current processing methodologies include both APSR input and upload to the Enterprise Business System (EBS). Applications require the Contractor to provide and have on-site high-speed internet access with a static Internet Protocol (IP) address, e-mail with individual user accounts, the current version of Adobe Acrobat, the most current version of Internet Explorer, Active Client, and DoD Root Certificates. The DLA Energy systems identified require user identifications and passwords in accordance with DoD Automated Data Processing (ADP) Level III systems access. The Contractor shall be responsible for (in conjunction with DLA Energy/DLA) identifying employees that will be processing inventory/accounting transactions for obtaining requisite systems access for those employees. DoD ADP Level III systems access requires a National Agency Check (NAC) investigation. DLA will provide forms and fingerprint cards and initiate the investigation for contractors without a NAC. The Contractor shall immediately notify DLA Energy when Contractor personnel with access privileges no longer work at the contract facility or no longer require access. DLA Energy Systems Access Request Submission Process can be found at https://fuelstraining.com or https://www.jllis.mil/ under DLA Energy Portal, then attachments, or https://amps1.dla.mil under DLA Energy P-26, Defense Logistics Agency (DLA) Energy Automated Information Systems (AIS),

(b) AUTOMATED FUEL INVENTORY REPORTING REQUIREMENTS.

(1) The Contractor shall prepare all necessary documentation (see paragraph (b)(5)) and systemically process each transaction affecting inventory of Government-owned products in its possession by virtue of this contract. Within one business day of each transaction/business event (excluding weekends and Government holidays), the Contractor shall input transaction data into the Accountable Property System of Record (APSR) or applications designated/provided by the Government. The Government will provide via on-site support or via electronic means, such as user manuals or on-line support/tutorials, initial training for inputting transactional data.

The Contractor assumes all responsibility for timeliness and accuracy of transaction data input by its employees. The Contractor shall prepare and report each transaction in accordance with guidance provided during the training and, thereafter, by qualified Government representatives. The Government will advise the Contractor of any changes in processing and reporting procedures. The Government reserves the right to contact the Contractor on a daily basis (weekdays excluding weekends and holidays) to obtain information concerning transactions processed. Locations that do not have direct connectivity to EBS shall forward all transactions to the applicable DLA Energy Regional Office for processing.

(2) The Contractor shall record in the DLA Energy Accountable Property System of Record (APSR) the inventory (quantity corrected to 60 degrees Fahrenheit) of each Government-owned product stored at the facility. Daily inventories shall be recorded to reflect on-hand inventories as of 2400 hours local time, (discretionary system clock/calendar rollover to the next transaction date) and monthly inventories shall be recorded to reflect on-hand inventories as of 2400 hours local time on the last calendar day of each month (discretionary system clock/calendar rollover to the first transaction date of the next month. Contractor shall process EOM physical inventory adjustment transactions and operating gain/loss adjustment transactions for each DWWCF petroleum product grade within two business days following the last calendar day of each month. End-of-year (EOY) inventories shall be reported as of the last calendar day of the year. EOY transactions and inventories must be processed to EBS by close of business September 30th. The Contractor shall have the account reconciled in https://fuelstraining.com/ https://amps1.dla.mil/ accordance with DoDM 4140.25 and/or DLA Energy P-1, Recording and Processing Inventory Transactions, available at https://fuelstraining.com or https://www.jllis.mil/ under DLA Energy Portal, then attachments

(3) Where DLA Energy has deployed an Electronic Point of Sale (EPoS) fixed or mobile device(s), the Contractor shall use the fixed and/or mobile EPoS device(s) to record inventory transactions and upload and reconcile them to the APSR daily. The Contractor shall follow DoD Manual 4140.25, and DLA Energy P-25, P-29 and P-30.

(4) The contractor shall verify and report Automatic Tank Gauging accuracy as required by DLA Energy P-7, Accountability and Custodial Responsibilities for Defense Working Capital Fund (DWCF) Inventory and Government Property.

(5) The contractor shall complete the Responsible Officer (RO) / Terminal Manager (TM) Daily Document Review Checklist and RO / TM End-of-Month Reconciliation Checklist as required by DLA Energy P-7

(6) End of Fiscal Year Closeout Process. The United States Government closes its financial ledgers at midnight on September 30th. In the event the EOY closeout falls on a Saturday or Sunday, the Contractor will be required to document and process all inventory related transactions per EOY closeout instructions that are provided via a pop-up during logon to the APSR or available for download at https://fuelstraining.com or https://www.jllis.mil/ under DLA Energy Portal, then attachments

(7) The Contractor shall prepare inventory adjustment documents (DD Form 1348-8, DFSP Inventory Accounting Document and End of Month Report) in accordance with the DoDM 4140.25, Volume 9, DFSP Bulk Petroleum Inventory Management, Volume 10, DoD Management of Energy Commodities, Sales Accountability and Documentation Management, and DLA Energy P-1. The Contractor shall provide a detailed explanation on each inventory adjustment document explaining each gain and/or loss in excess of DLA Energy provided tolerances. The Contractor’s representative and the authorized Government representative shall sign each document and provide copies to the DLA Energy Region office. The authorized Government representative shall indicate whether he/she concurs or non-concurs with the statement and shall provide an explanation for any non-concurrence. The term authorized Government representative, as used in this provision, refers to the quality representative and property administrator assigned to the Defense Fuel Support Point (DFSP).

Inventory Operating Gain or Loss Tolerances

Post Group

Allowable Operating Tolerance

Gain/Loss Percentage

Distillates (Diesel Fuels, Jet A1, JP5, JP8, JPTS, F76, Kerosene, other residuals, etc.)

.0025 or .25%

JP4 .003 or .3%

Aviation and Motor Gasoline (AVGAS (130), MOGAS (MUR, MUP, etc.)

.005 or .5%

Fuel System Icing Inhibitor (FSII) .0025 or .25% https://fuelstraining.com/ https://www.jllis.mil/

Lube Oils** .0025 or .25%

**NOTE: Report all Lube Oil transactions at “gross” or ambient temperatures.

(8) END OF MONTH/END OF YEAR RECONCILIATION. EOM and EOY reconciliation procedures are detailed in DLA Energy Interim Guidance DLA Energy P-1. DLA Energy P-1 and end of year close out instructions are located at https://fuelstraining.com or https://www.jllis.mil/ under DLA Energy Portal, then attachments.

(9) The following are documentation requirements for transactions (NOTE: DD Forms are located at https://esd.whs.mil/directives/forms.)

TRANSACTION DOCUMENT

Appointment/Delegation Letters Formal Correspondence

Daily Document Review Checklist DLA Form 2061

End-of-Month Reconciliation Checklist DLA Form 2056

RECEIPTS

Receipts from DLA Energy Procurement Contracts DD Form 250/250-1

Receipts of Shipments from a DFSP DD Form 250/250-1, DD Form 1348-7

Receipts from an end-user (with or without credit) DD Form 1898 or 1149

Petroleum Daily Receipt/Transfer Summary Sheet DLA Form 2046

SHIPMENTS

Shipments from a DFSP to authorized customers See Sales/Issues

Shipments between DFSPs DD Form 250/250-1, DD Form 1348-7, Petroleum Daily Receipt/Transfer Summary DLA Form 2046

INVENTORY

Physical Inventory DD Form 1348-8* and/or DD Forms 2920, 2921, 2921C, ATG or AFHE Summary Reports (DD Form 1348-8 is required for end-of-month inventory reporting or transfer of account actions only).

All Inventory Adjustments DD Form 1348-8

Normal handling of variances (excessive) DD Form 1348-8

Determinable losses such as spills, line breaks, non-recoverable, tank bottoms, major disasters, combat losses, etc.

Condition/Identity Change DD Form 1348-8

Downgrade, regrade, or additive DD Form 1348-8, DD Form 3075

Automatic Tank Gauge Verification for Inventory Control DLA Form 2026

ISSUES/SALES OR RETURNS/CREDITS

Issues of product from a DFSP to an end user customer DD Form 1898 or 1149

Automated data capture printout (EPoS to FMD Reconciliation)

SHIPMENTS to other DFSPs DD Form 1348-7, DD Form 250-1

Return of product from an end user customer with credit DD Form 250/250-1, DD Form 1898 or 1149

Automated Data Capture printout (EPoS to FMD Reconciliation)

FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

As required, when directed by DLA Energy DWCF Petroleum

Accountable Officer. DD Form 200 and supporting documents shall be used by the Contracting Officer or Property Administrator

(c) OTHER REQUIREMENTS.

(1) STORAGE TANK OUT OF SERVICE. Prior to removing a storage tank from service, the Contractor shall immediately notify the authorized Government representative by telephone, with follow-up confirmation in writing, providing the date and time the tank is scheduled to be removed from service. In addition, the Contractor shall provide the authorized Government representative a written estimate of unrecoverable tank bottoms. The authorized Government representative shall review and approve the estimate prior to submission to DLA Energy.

(2) UNRECOVERABLE TANK BOTTOMS. Prior to the end of the contract period, the Contractor shall provide the authorized Government representative a written estimate of unrecoverable tank bottoms.

The authorized Government representative shall review and approve the estimate prior to submission to DLA Energy.

(3) REPORTING FUEL ADDITIVES AND SLOP FUEL. Government-owned fuel additives, slop fuel, and transmix stock at the DFSP will be treated as separate and distinct items, and all transactions shall be documented as outlined herein. Report these products in gallons and report them under the approved National Stock Number (NSN).

(i) Use an auditable identity change document (DD Form 1348-8) to account for bulk FSII blended with bulk fuel and fuel downgraded to slop. Do not use fractions of a gallon (e.g., if 1.5 gallons of FSII were injected, report 1 gallon and record the .5 once a whole gallon is used).

(ii) Account for packaged additives such as COR, ASA, AS1, AD1, and CO1 locally using a general log or ledger. As the additive is injected, record the amount in the log to track usage and inventory. No other documentation is required.

(4) CREATION OF SHIPMENT TRANSACTIONS. As required and directed by the Government, storage Contractors shall create electronic shipment transactions using the SYNCADA on-line freight payment system. The Government shall advise Contractors of any changes in processing and reporting procedures.

Contractors shall contact the Government when additional guidance is required. CONUS storage Contractors shall maintain a daily written log of motor carrier performance to include: carrier, destination, number of trucks ordered, number of trucks furnished, and deficiencies. On the last business day of each calendar month, the Contractor shall forward a copy of the daily written logs to the DLA Energy Regional office having oversight of the motor carrier contract.

(5) STATEMENT OF AUTHORIZED SIGNATURES. The Contractor shall furnish the authorized Government representative a statement containing the names and handwritten signatures of persons authorized by the Contractor to receive and accept Government-owned product or property. The Contractor is required to provide the DLA Energy Contracting Officer/Property Administrator with written notification when previously authorized persons depart (leave, quit, or transfer, or otherwise cease working in a position in which the individual is authorized to receive and accept Government-owned product or property.,) and new personnel are appointed to these positions.

(6) CHANGE IN DFSP OPERATOR. Transfer residual inventory from expired contracts regardless of whether there is a change in contractors. Transfer DFSP product as follows:

(i) The outgoing Contractor, the new Contractor, and the authorized Government representative will jointly gauge all tanks, document each storage tank gauge readings on DD Forms 2920 and 2921C, and calculate the total physical inventory for each grade of fuel. The incoming and outgoing Contractors and Accountable Officials and Property Administrators will sign each DD Form 2920.

(ii) Upon completion of the inventory transfer, a summary DD Form 1348-8, reflecting both outgoing and incoming Contractor signatures verifying accuracy of the inventory summary, supported by the applicable DD Forms 2920 and 2921C, will be completed for each grade of fuel.

(iii) The following certification will be typed in the Memo block of each DD Form 1348-8 and signed by the appropriate individuals:

"The inventory recorded on this DD Form 1348-8 has been transferred from contract

(old number) to contract (new number) on (date) .

Signature (Outgoing Contractor) / (New Contractor)

Typed/Printed Name and Titles (Outgoing Contractor) / (New Contractor)

(iv) The Contractor shall provide this information to the Government representative by telephone and by mailing one copy of each DD Form 2920, DD Form 2921C, and DD Form 1348-8.

(v) The Government representative will mail three copies of the inventory documents covering the transfer month to the outgoing Contractor. The outgoing Contractor shall apply appropriate certification to the inventory documents and retain one copy, provide one copy to the new Contractor, and return the third copy to the Government representative.

(7) RETENTION OF ACCOUNTABLE RECORDS AND DOCUMENTS. To satisfy auditability requirements, DFSPs shall retain a minimum of three years (current fiscal year plus two additional years) of Inventory Documentation/Data on location. Source documents and data requiring retention beyond the three-year point shall be retired to a records retention center. Contractor shall contact the DLA Energy Records Management Officer via e-mail for disposition instructions at descrecords@dla.mil. The contractor shall provide DLA Energy copies of documents and/or provide any requested inventory information data/data within 3 business days. The contractor shall retain all documents listed below, and will upon request, scan and upload images of all documents into a US Government forms archive or records management storage system. All records are DLA Energy-accountable records and must be retained as follows:

RECORDS RETENTION PERIOD

Appointment letters, e.g., RO/PA appointments, etc. Two years

TM designation memo is good for the life of the contract.

Delegation letters Retain current letter on file at DFSP

Receipts from a DLA Energy Procurement Contract Ten years after the accounting month

Sales/Issues and Returns (with credit) Ten years after the accounting month

Government or Commercial Bills of Lading Ten years, after the accounting month

Financial Liability Investigation of Property Loss and all supporting Ten years after completion.

documentation

Returns without credit Ten years after the accounting month

Shipments between DFSPs Current fiscal year (FY) plus two

And supporting documentation additional FYs

Physical inventory data/documentation Current FY plus two additional FYs

All inventory adjustment documentation Current FY plus two additional FYs

Product condition or identify changes, Current FY plus two additional FYs and supporting laboratory analysis

Contract modifications or change orders Retained locally, three years after the expiration of the current contract

SUPPLEMENT: CUSTODY OF PERTROLEUM PRODUCT

(a) Custody of petroleum products and risk of loss thereof shall pass to the Contractor as follows:

(1) PIPELINE RECEIPTS. When the product passes the flange connecting the carrier's pipeline and the Government-furnished Contractor-operated pipeline.

(2) MARINE RECEIPTS. When the product passes the permanent hose connections of the barge or tanker unloading the product.

(3) TANK CAR RECEIPTS. When the tank car comes to rest on the Government-furnished Contractor-operated siding.

(4) TRANSPORT TRUCK RECEIPTS. When the product passes from the transport truck discharge hoses into the Government-furnished Contractor-operated receiving facilities whether it be a storage tank, line, or any other type of receiving equipment.

(b) Custody of petroleum products and risk of loss thereof shall pass from the Contractor as follows:

(1) PIPELINE SHIPMENTS. When the product passes the flange connecting the Government-furnished Contractor-operated pipeline and the carrier's pipeline.

(2) MARINE SHIPMENTS. When the product passes the permanent hose connections of the barge or tanker.

(3) TANK CAR SHIPMENTS. When the loaded tank car is picked up by the carrier.

(4) TRANSPORT TRUCK SHIPMENTS. When the loaded transport truck is released for shipment by the Contractor.

SUPPLEMENT: USE OF FACILITIES

(a) The Contractor shall not use the facilities (defined in FAR Part 45 GOVERNMENT PROPERTY) for any purpose other than that required for the performance of this contract.

(b) The Contractor shall not be required to pay rental for the use of the facilities for the performance of this contract. The Contractor shall not include any amount on account of rental of the facilities as an element of price or cost under this contract. The Contractor further agrees and represents that in no event will it include any amount or allowance for amortization, depreciation, or obsolescence of the facilities as an element of cost or price under any contract with the Government or any subcontract thereunder.

(c) The Government shall not be liable to the Contractor for damage or loss of profit by reason of nondelivery or of any delay in the delivery of any of the facilities. In any such case, the Contracting Officer shall equitably adjust the performance dates or contract price, or both

SUPPLEMENT: TITLE TO FACILITIES

(a) Title to the facilities, including any additions or replacements thereto, furnished by the Government shall at all times remain with the Government.

(b) Title to all repairs, replacement parts, or accessories furnished and affixed to the facilities by the Contractor in performing maintenance hereunder shall vest in the Government.

SUPPLEMENT: ENVIRONMENTAL PROTECTION

The Contractor shall comply with all environmental laws and regulations applicable to its operations under this contract, both those in effect on the date of award and those enacted afterward. If compliance with new laws or regulations results in a change to the operating cost, the Contractor and the Government will negotiate an equitable adjustment to the contract price. Any failure to agree on such an adjustment will be resolved as a dispute of fact under the DISPUTES clause of this contract. The Contractor shall continue performance unless otherwise directed in writing by the Contracting Officer.

SECTION E – INSPECTION AND ACCEPTANCE

FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

The Quality Assurance Provisions (QAPs) pertaining to Contractor Inspection Responsibilities, Point of Acceptance, Point of Inspection, List of Inspection Offices, Nonconforming Supplies and Services, and WAWF are incorporated by reference as if fully set forth herein and located in Attachment VII of this solicitation.

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.