SPE603-26-R-0529 Southwest Region RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

DFFERDR TD COMPLETE BLOCKS 12, 17, 23, 24, & 30 See Schedule

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

SPE603-26-R-0529 2026 JUL 23

a. NAME b. TELEPHONE NUMBER (No Collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

2026 SEP 11

INFORMATION CALL: ROCHELLE ADAMS DRA0093 Phone: 445-737-1442

09:00 AM

9. ISSUED BY CODE SPE603 10. THIS ACQUISITION IS □ UNRESTRICTED OR IZJSET ASIDE: 100 %FOR:

□SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED DLA ENERGY □ HUBZONE SMALL SMALL BUSINESS PROGRAM BULK PETROLEUM SERVICES BUSINESS 8725 JOHN J. KINGMAN ROAD

□ EDWOSB FORT BELVOIR VA 22060 SERVICE-DISABLED NAICS: 493190

USA

� VETERAN-OWNED

SMALL BUSINESS 0B(A) SIZE STANDARD: $36.5 M

11. DELIVERYFOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS □ 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER 14. METHOD OF SOLICITATION

� SEE SCHEDULE

DPAS (15 CFR 700)

□ RFQ □ IFB IZI RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

SEE SCHEDULE

17a. CONTRACTOR/ CODE I I FACILITY �Ba. PAYMENT WILL BE MADE BY CODE I OFFEROR CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 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)

IZJ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

IZI ARE

DARE

□ ARE NOT ATTACHED

□ ARE NOT ATTACHED

□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ □29. AWARD OF CONTRACT: REF OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

Solicitation SPE603-26-R-0529 Cannon AFB NM, Holloman AFB NM, Davis Monthan AFB AZ, Luke AFB

NM (Southwest Region)

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTICE TO OFFERORS: This solicitation implements the new streamlined acquisition procedures as part of the Revolutionary FAR Overhaul (RFO). Offerors are responsible for reviewing all solicitation provisions and clauses to ensure compliance with these updated requirements.

Table of Contents

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SUPPLEMENTAL GUIDANCE: INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (GOCO)

SUPPLEMENTAL GUIDANCE: CUSTODY OF PETROLEUM PRODUCT

SUPPLEMENTAL GUIDANCE: USE OF FACILITIES

SUPPLEMENTAL GUIDANCE: TITLE TO FACILITIES

SUPPLEMENTAL GUIDANCE: ENVIRONMENTAL PROTECTION (STORAGE)

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND ACCEPTANCE

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)

SUPPLEMENTAL GUIDANCE: INVOICE NUMBERING REQUIREMENTS

SUPPLEMENTAL GUIDANCE: ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

SUPPLEMENT GUIDANCE: DESIGNATION OF PROPERTY ADMINISTRATOR

SUPPLEMENTAL GUIDANCE: DESIGNATION OF THE DEFENSE ENERGY REGION

SECTION H-SPECIAL CONTRACT REQUIREMENTS

SUPPLEMENTAL GUIDANCE: GUARD SERVICE

SUPPLEMENTAL GUIDANCE: RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

PROCUREMENT NOTE: CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (DEC 2021)

SECTION I-CONTRACT CLAUSES

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (FEB 2026)

(DEVIATION 2026-O0038)

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) .. 31

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 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (FEB 2026) (DEVIATION)

FAR 52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN- OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM (FEB 2026)

(DEVIATION 2024-O0002)

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (FEB 2026) (DEVIATION 2026-O0038) 38

FAR 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (FEB 2026) (DEVIATION 2026-O0038)

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

FAR 52.232-1 PAYMENTS (APR 1984)

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (FEB 2026) (DEVIATION 2026-O0002)

FAR 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (FEB 2026)

(DEVIATION 2026-O0002)

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

FAR 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

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

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 59

DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-

RELATED FELONIES (JAN 2023)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023)

DFARS 252.204-7022 EXPEDITING CONTRACT CLOSEOUT (FEB 2026) (DEVIATION 2026-O0043)

DFARS 252.204-7023 REPORTING REQUIREMENTS FOR CONTRACTED SERVICES—BASIC (JUL 2021)

DFARS 252.204-7025 NOTICE OF CYBERSECURITY MATURITY MODEL CERTIFICATION LEVEL

REQUIREMENTS (NOV 2025) (DEVIATION 2026-O0025)

DFARS 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS—BASIC (SEP 2014)

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

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (OCT 2024)

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

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2024)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017)

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 52.209-11 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 0026-O0038

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (FEB 2026) (DEVIATION 2026-O0025)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES—REPRESENTATION (MAY 2021) (DEVIATION 2026-O0025)

DFARS 252.204-7998 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2026)

(DEVIATION 2026-O0043)

DFARS 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(MAY 2022)

DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS—

REPRESENTATION (MAR 2024) (DEVIATION 2024-O0006 REVISION 1)

SUPPLEMENTAL GUIDANCE: AUTHORIZED NEGOTIATORS

SUPPLEMENTAL GUIDANCE: RELEASE OF PRICES

SECTION L- INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION (ALTERNATE 1) (FEB 2026) (DEVIATION 2026-O0038)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB

2026) (DEVIATION 2026-O0038)

ADDITIONAL INSTRUCTIONS TO OFFERORS:

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

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (FEB 2026)

(DEVIATION 2026-O0038)

FAR 52.237-1 SITE VISIT (APR 1984)

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

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

DFARS 252.215-7992 ONLY ONE OFFER (DEVIATION 2026-O0048) (MAR 2026)

DFARS 252.215-7013 SUPPLIES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS

(JAN 2023)

DFARS 252.215-7996 NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (MAR 2026) (DEVIATION 2026- O0048)

DFARS 252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

DFARS 252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

SUPPLEMENTAL GUIDANCE: PROPOSAL ACCEPTANCE PERIOD

SUPPLEMENTAL GUIDANCE: E-MAIL PROPOSALS

SUPPLEMENTAL GUIDANCE: WAGE DETERMINATION

SUPPLEMENTAL GUIDANCE: PREPROPOSAL CONFERENCE (SERVICES)

SECTION M- EVALUATION FACTORS 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-O0027)

SUPPLEMENTAL GUIDANCE: EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

NOTE: THE GOVERNMENT INTENDS TO AWARD A SEPARATE CONTRACT FOR EACH LOCATION

LISTED. OFFERORS MAY SUBMIT A PROPOSAL FOR A SINGLE LOCATION, ANY COMBINATION

OF LOCATIONS, OR ALL LOCATIONS TO BE CONSIDERED FOR AWARD.

The services to be furnished and prices stated in the Price Proposal Form (PPF) is hereby incorporated by reference as if fully set forth herein. Refer to Attachment VII.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference if fully set forth herein. See Attachment I (A - D).

SUPPLEMENTAL GUIDANCE: INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD

(GOCO)

(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)

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 POCEDURES FOR AUTHORIZATION AND PROCESSING GROUND RE-ISSUE

TRANSACTIONS

DLA Energy P-26 DEFENSE LOGISTICS AGENCY (DLA) ENERGY AUTOMATED INFORMATION

SYSTEMS (AIS)DLA ENERGY AUTOMATED INFORMATION SYSTEMS

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 basis (weekdays 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 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 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 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. The 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 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 DLA EPoS DTM and DLA Energy 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% 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 Sheet 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 EPoS to FMD Reconciliation printout

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 EPoS to FMD Reconciliation printout

FINANCIAL LIABILITY INVESTIGATION OF PROPERTY LOSS

When directed by the DLA Energy DWCF Petroleum Accountable Officer

DD Form 200 and Contracting Officer or Property Administrator supporting documents

(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 will advise Contractors of any changes in processing and reporting procedures, and contractors will contact the Government with questions”. 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 when 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 contact unless that person changes.

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.

Returns without credit Ten years after the accounting month

Shipments between DFSPs (documents) Current fiscal year (FY) plus two additional years

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

SUPPLEMENTAL GUIDANCE: CUSTODY OF PETROLEUM 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.

SUPPLEMENTAL GUIDANCE: 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.

SUPPLEMENTAL GUIDANCE: 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.

SUPPLEMENTAL GUIDANCE: ENVIRONMENTAL PROTECTION (STORAGE)

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

The DLA ENERGY QUALITY ASSURANCE PROVISIONS for this section are hereby incorporated in full text under Attachment II of this solicitation.

SECTION F – DELIVERIES AND ACCEPTANCE

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. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

SECTION G-CONTRACT ADMINISTRATION DATA

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

(a) Definitions. As used in this clause—

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

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

(WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

(1) Have a designated electronic business point of contact in the System for Award Management at

(2) https://www.sam.gov; and

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

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

i. That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

NOT APPLICABLE

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE 2-in-1 (SERVICES ONLY)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Note: Each location has a distinct “Inspect by DoDAAC”

Cannon AFB, NM:

Field Name in

WAWF

Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC

SPE603

Admin DoDAAC**

SPE603

Inspect By DoDAAC

SE5F43; Extension USGOCO

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

SPE603; Extension USGOCO

Accept at Other DoDAAC

N/A

LPO DoDAAC N/A

DCAA

Auditor DoDAAC

N/A

Other DoDAAC(s) N/A

Holloman AFB, NM:

Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC SPE603

Admin DoDAAC**

SPE603

Inspect By DoDAAC

SE5F42; Extension USGOCO

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

SPE603; Extension USGOCO

Accept at Other DoDAAC

N/A

LPO DoDAAC N/A

DCAA

Auditor DoDAAC

Davis Monthan AFB, AZ:

Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC SPE603

Admin DoDAAC**

SPE603

Inspect By DoDAAC

SE5F3C; Extension USGOCO

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

SPE603; Extension USGOCO

Accept at Other DoDAAC

N/A

LPO DoDAAC N/A

DCAA

Auditor DoDAAC

Luke AFB, AZ:

Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC SPE603

Admin DoDAAC**

SPE603

Inspect By DoDAAC

SE5F3D; Extension USGOCO

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

SPE603; Extension USGOCO

Accept at Other DoDAAC

N/A

LPO DoDAAC N/A

DCAA

Auditor DoDAAC

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

NOT APPLICABLE

(g) WAWF point of contact.

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

DLA Energy Help Desk Email: bsme.helpdesk@dla.mil (phone) (800)446-4950

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

SUPPLEMENTAL GUIDANCE: INVOICE NUMBERING REQUIREMENTS

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

SUPPLEMENTAL GUIDANCE: ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies.

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

SUPPLEMENT GUIDANCE: DESIGNATION OF PROPERTY ADMINISTRATOR

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).

SUPPLEMENTAL GUIDANCE: DESIGNATION OF THE DEFENSE ENERGY REGION

(a) The Defense Energy Region to which reference is made herein is the—DLA Energy Americas

(b) The Defense Energy Region Office to which reference is made herein is the—DLA Energy Americas West

(c) The Commander of the Defense Energy Region or his designee, appointed above, is the authorized representative of the Commander, Defense Logistics Agency Energy (DLA Energy).

SECTION H-SPECIAL CONTRACT REQUIREMENTS

SUPPLEMENTAL GUIDANCE: GUARD SERVICE

(a) In the event the Government requires guard service and/or other protective services or facilities not otherwise provided by the Contractor pursuant to the terms of this contract, the Government shall have the right--

(1) To provide such service; or

(2) To require the Contractor to provide such guard service; and/or

(3) To require the Contractor to provide such other protective services or facilities.

(a) The actual cost of providing said services or facilities under (2) and/or (3) above will be for the account of the Government and will be recognized by a modification to this contract.

SUPPLEMENTAL GUIDANCE: RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS

(a) Government-owned petroleum products received, stored, and transported under this contract are governed by the wording of this contract text.

(b) Title to any Government-owned petroleum products in the possession of or under the custody of the Contractor by reason of this contract, which is hereinafter referred to in this contract text as "such property," shall at all times remain in the Government, and such property shall be used only for the purposes set forth in 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.

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

(d) 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. The decision will be subject to resolution in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause.

(e) 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.

(f) Except for those risks assumed by the Contractor pursuant to subparagraph (e)(1) of this contract text, the Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to such property while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision or contract text for a reserve to cover such risk. In the event the Contractor is reimbursed or compensated for any loss or damage to such property, it 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.

PROCUREMENT NOTE: CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (DEC 2021)

(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally-controlled facilities.

Prior to beginning work on a contract, DLA requires all contractor personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check.

(b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD contractor personnel who have access to

Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows:

(1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent; 37

(2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and

(3) IT-III for an IT position requiring a NACI or equivalent. Note: IT levels will be designated according to the criteria in DoD 5200.2-R.

(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, the contractor must provide the following information to the respective DLA Intelligence Personnel Security Office immediately upon receipt of the contract. This information must be provided for each contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:

(1) Full name, with middle name, as applicable, with social security number;

(2) Citizenship status with date and place of birth;

(3) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation;

(4) Company name, address, phone and fax numbers with email address;

(5) Location…