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SPE603-26-R-0528

NAS Kingsville, TX

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.

NOTE: See FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0038) and FAR 52.212-2

– EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB

2026) (DEVIATION 2026-O0038) for complete instructions on how to submit a proposal.

Table of Contents

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLEMENTAL GUIDANCE: SERVICES TO BE FURNISHED AND PRICES

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SUPPLEMENTAL GUIDANCE: RESPONSIBILITY FOR GOVERNMENT-OWNED

PETROLEUM PRODUCTS

SUPPLEMENTAL GUIDANCE: LIABILITY FOR FUEL SPILLS

SUPPLEMENTAL GUIDANCE: INVENTORY CONTROL RECORDS AND SYSTEMS

OF RECORD

SUPPLEMENTAL GUIDANCE: CUSTODY OF PETROLEUM PRODUCT

SUPPLEMENTAL GUIDANCE: USE OF FACILITIES

SUPPLEMENTAL GUIDANCE: TITLE TO FACILITIES

SUPPLEMENTAL GUIDANCE: ENVIRONMENTAL PROTECTION

SUPPLEMENTAL GUIDANCE: PROTECTION OF GOVERNMENT PROPERTY AND

SPILL PREVENTION

SECTION E – INSPECTION AND ACCEPTANCE

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

SECTION F – DELIVERIES AND ACCEPTANCE

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

FAR 52.246-2 INSPECTION OF SUPPLIES-FIXED-PRICE (AUG 1996)

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

SECTION H-SPECIAL CONTRACT REQUIREMENTS

SUPPLEMENTAL GUIDANCE: GUARD SERVICE

SECTION I-CONTRACT CLAUSES

FAR 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

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

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

(DEVIATION 2026-O0038)

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

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

DFARS 252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

(OCT 2010)

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

SECTION J- ATTACHMENTS

SECTION K- REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

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

(DEVIATION 2026-O0038)

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (FEB 2026) (DEVIATION 2026-O0038)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (MAY

2021)

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 (FEB 2026)

(DEVIATION 2026-O0038) (ALTERNATE I)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

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

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2026) (DEVIATION 2026-O0038) . 61

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

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (DEVIATION 2026-O0038) (FEB 2026)

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)

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

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-O0038)

SUPPLEMENTAL GUIDANCE: EVALUATION OF OFFERS

(EXCEPTIONS/DEVIATIONS)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLEMENTAL GUIDANCE: SERVICES TO BE FURNISHED AND PRICES

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

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein.

Refer to Attachment I.

SUPPLEMENTAL GUIDANCE: RESPONSIBILITY FOR GOVERNMENT-OWNED

PETROLEUM PRODUCTS

(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.

SUPPLEMENTAL GUIDANCE: 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.

SUPPLEMENTAL GUIDANCE: 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)

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

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

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 SUPPORTDLA 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 https://fuelstraining.com/ https://amps1.dla.mil/ 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 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% 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 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

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

For use in solicitations/contracts for the operation and maintenance of GOCO storage facilities and alongside aircraft fuel delivery services involving Government-owned storage 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

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.

SUPPLEMENTAL GUIDANCE: PROTECTION OF GOVERNMENT PROPERTY AND

SPILL PREVENTION

(a) The Contractor shall exercise reasonable care to prevent damage or contamination to existing buildings, equipment, asphalt pavement, soil, vegetation (e.g., trees, shrubs, and grass), and other Government facilities on the installation. If the Contractor fails to exercise reasonable care or comply with this contract's requirements, resulting in such damage or contamination, the Contractor shall replace the damaged items or repair the damage at no cost to the Government and to the Government's satisfaction. If the Contractor fails or refuses to make such repairs or replacements, the Government may complete the work and deduct the cost from payments due to the Contractor. The Installation Commander or Ordering Officer will first attempt to reach an informal agreement with the Contractor regarding replacement, repairs, or costs to be deducted.

Any unresolved disagreements will be referred to the Contracting Officer. No costs will be deducted from amounts due or owing without the Contractor's consent, unless app

(b) The Contractor shall comply with all applicable laws to prevent oil spills (including any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil onto land or water). In the event of an oil spill (including gasoline, diesel fuel, fuel oil, or jet fuel), the Contractor shall be responsible for containment, cleanup, and disposal of the spilled oil. If the Contractor fails or refuses to take appropriate action, the Government may do so at the Contractor's expense. The Contractor shall reimburse the Government for all expenses incurred, including any Federal, State, or local fines levied.

SECTION E – INSPECTION AND ACCEPTANCE

The DLA Energy Quality Assurance Provisions are hereby incorporated by reference as if fully set forth herein. Refer to Attachment II.

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.

(End of clause)

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.

FAR 52.246-2 INSPECTION OF SUPPLIES-FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test 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. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance.

Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(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— http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

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

(A) 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.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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)…