SPE605-21-R-0209 Final .pdf

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-21-R-0209 KOREA (PC&S) 1.8V)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

PERIOD OF PERFORMANCE

01 AUGUST 2021 THROUGH 31 JULY 2026

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAB,

Colleen Fantasia and Georgia Dotson 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

GASOLINE, REGULAR UNLEADED (MUR), GASOLINE, MIDGRADE UNLEADED

(MUM), KOREAN DIESEL CLASS 3 REGULAR (KDR) FOR SOUTH KOREA AT

VARIOUS LOCATIONS.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

COLLEEN FANTASIA GEORGIA DOTSON

(571) 363-8706 (571) 767-8460

COLLEEN.FANTASIA@DLA.MIL GEORGIA.DOTSON@DLA.MIL

AND DLAENERGYFEPAB@DLA.MIL

WEB ADDRESS: HTTP://WWW.ENERGY.DLA.MIL

RESPONSES DUE: MARCH 24, 2021; 3:00 PM, EASTERN DAYLIGHT TIME (EDT)

FT. BELVOIR, VA LOCAL TIME.

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

mailto:COLLEEN.FANTASIA@DLA.MIL mailto:GEORGIA.DOTSON@DLA.MIL mailto:DLAenergyfepab@dla.mil http://www.energy.dla.mil/

Korea PC&S

SPE60521R0209

SPECIAL INSTRUCTIONS FOR OFFERORS:

• This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not beissued.

• The Government intends to procure the petroleum fuel products using FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, will be most advantageous to the Government, price and other factors considered (See Evaluation criteria under SECTION M).

• This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2021--

04 Effective 19 Jan 2021; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2019 0215 Effective 30 Nov 2020, and DLAD Update Effective 15 Oct 2020 through Proc. Ltr. 2021-01.

• Solicitation Number SPE605-21-R-0209 is hereby issued as a Request for Proposals (RFP).

• A pre-award survey, if applicable, is required if the current pre-award survey on the offeror is expired or if the offeror has not performed under a DLA Energy contract, or at the discretion of the Contracting Officer.

The pre-award survey must be approved to be considered for award. A pre-award survey is an onsite (at the physical location of the offeror) review of the offeror’s capabilities as it relates to the issued solicitation.

The goal of this onsite review is to ensure that the capabilities exist to support the requirement the offeror offered against; mitigating risk of non-performance due to lack of capability. If an offeror does not pass a pre-award survey it shall reflect negatively against the offerors responsibility determination.

• For emergency situations during non-duty hours (Eastern Standard Time), the number to contact is (571)

767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy

• Hazard Communication Standard Notice:

Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels.

In accordance with the revised standard after June 1, 2015:

1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, Hazardous Communication Standard (HCS) labels in accordance with 29 C.F.R. 1910.1200 requirements or current Consumer Product Safety Act (CPSA), Federal Hazardous Substance Act (FHSA) labels when subject to labeling requirements under those statutes. This product labeling is required for hazardous materials delivered to the Government.

3. Finally, suppliers must train their employees on the new safety data sheets, hazardous communication labels, and requirements of 29 C.F.R. 1910.1200.

For more information on SDS, refer to OSHAs website, available at: https://www.osha.gov/law-regs.html For information on 29 C.F.R. 1910.1200, refer to the below link:

https://www.osha.gov/dsg/hazcom/index.html

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

TRANSFER SYSTEM (DLA ENERGY JAN 2012) – Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors are advised to verify their Financial Institute ( FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their FI prior to submission of the first invoice.

• QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items

(Attachment A - THE SCHEDULE) a question and answer period has been established. Starting from the issue date of this solicitation to February 22, 2021 4:00p.m. Eastern Daylight Time (EDT) Ft. Belvoir, VA local time all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment A - THE SCHEDULE). No further questions will be received after the above stated date and time. All questions should be sent to DLAEnergyFEPAB@dla.mil. Answers will be consolidated and answered via an official amendment to the solicitation, if applicable. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable. Potential offerors are reminded that they shall sign the amendment (in block 15a-c) OR acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

• PLACING ORDERS: In accordance with F1.11 DLA Internet Bid Board System (DIBBS) (DLA

ENERGY) (APR 2014), The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

• CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE605-21-R-0209 is 24 MARCH 2021 BY 3:00 PM, Eastern Daylight Time (EDT) Ft. Belvoir, VA local time.

• TAX AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt.

• LATE OFFERS: Please note that offers must be received by 24 MARCH 2021 BY 3:00 PM, Eastern

Daylight Time (EDT) Ft. Belvoir, VA local time. Any offer received after 3:00 PM will be considered “Late” and may be determined to be unacceptable. (See FAR 52.212-1) http://www.osha.gov/law-regs.html http://www.osha.gov/dsg/hazcom/index.html mailto:DLAEnergyPEC@dla.mil mailto:DLAEnergyPEC@dla.mil mailto:DLAEnergyPEC@dla.mil https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

• INSTRUCTIONS TO OFFERORS – 52.212-1 Instructions to Offerors—Commercial Items

(Jun 2020), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND

WITHDRAWALS OF OFFERS.

• ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to (B19.01-2

Economic Price Adjustment – Market Price – Posts, Camps, and Stations (PC&S) – Korea/Guam/Japan.

(DLA Energy JUNE 2017)). Offerors should use the preferred publication in the table below for escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 01 OCTOBER 2020. Contract prices will escalate monthly on Mondays based on previous monthly average (Monday through Friday excluding any days prices are not published) of the applicable Platts reference’s daily midpoint prices.

• AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2020). The Government will evaluate proposals in accordance with FAR 52.212-2 Evaluation-Commercial Items (Oct 2014), using a Lowest Price Technically Acceptable source selection process. While the Government intends award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. If the Contracting Officer determines that discussions are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range. Therefore, Offerors are advised to submit their best prices with their initial offeror.

• EACH CLIN ARE SEPARATELY PRICED AND EVALUATED: While the solicitation contains details for multiple products/requirements, each CLIN on this solicitation is a separate requirement with each CLIN having their own product, address, delivery and ordering information and will be individually evaluated as such.

• ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01

August 2021 through 31 July 2026. Quantities stated represent the government’s best estimates covering the ordering period.

• PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of 52.212-1 Instructions to

Offerors-Commercial Items (Jun 2020)), Offerors agree to honor prices indicated in their offer for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

• NEGOTIATIONS: Negotiations under this solicitation will be conducted primarily in writing (via email), by telephone, and by negotiators identified in K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY

APR 2007).

• PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post

Camps and Stations (PC&S) Offer Entry Tool (OET).

a) PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

b) Please use Attachment E titled, “AMPS Role Guide” to obtain an AMPS account if you do not already have one.

c) Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

d) You will be able to request access to OET through AMPS. Please refer to Attachment F titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

e) After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using Attachment G instructions titled, “PC&S OET Vendor Guide.”

f) If you experience trouble registering or if additional assistance is needed, please send an email to the

DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

g) In the event of technical issues on the part of OET that prevent an offeror to successfully enter offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Colleen.Fantasia@dla.mil , Georgia.Dotson@dla.mil , Tanesha.Price@dla.mil, and DLAENERGYFEPAB@dla.mil to request allowance for an offeror’s manual offer submission using Price Data Sheets. Nevertheless the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to Colleen.Fantasia@dla.mil, Georgia.Dotson@dla.mil, Tanesha.Price@dla.mil, and

DLAEFEPAB@DLA.MIL.

• OFFEROR SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and Attachment C the “Offeror Submission Package (OSP)” identified by number SPE605-21-R-0209.

Please keep copies of completed solicitation amendments, and the OSP for your records.

• ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check BETA.SAM.GOV frequently for any solicitation amendments (updates) to SPE605-21-R-0209. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email at DLAEnergyFEPAB@dla.mil, prior to the solicitation closing date.

• INTERNATIONAL DUNS NUMBER: Include your company’s Data Universal Numbering System

(DUNS) Number on the cover sheet of your offer (See paragraph J of Clause 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020). If you do not have a DUNS Number, your company must register online at http://www.dandb.com/eupdate and click on the “Register your business” button. Or you may call one of two toll free numbers 800-333-0505 or 888-814-1435 for assistance.

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:%20Colleen.Fantasia@dla.mil mailto:%20Colleen.Fantasia@dla.mil mailto:%20Colleen.Fantasia@dla.mil mailto:%20Georgia.Dotson@dla.mil mailto:Tanesha.Price@dla.mil mailto:%20DLAENERGYFEPAB@dla.mil mailto:%20DLAENERGYFEPAB@dla.mil mailto:Colleen.Fantasia@dla.mil mailto:Georgia.Dotson@dla.mil mailto:Tanesha.Price@dla.mil mailto:DLAEnergyFEPAB@dla.mil mailto:DLAEnergyFEPAB@dla.mil http://www.dandb.com/eupdate

• COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE CODE (5 digit alphanumeric code) in Block 17a of the Standard Form 1449, in the box labeled “CAGE CODE”.

• NO RESPONSE: If your company does not intend to submit an offer for this solicitation, please notify us in writing and email to DLAEnergyFEPAB@dla.mil.

• CONTRACT TYPE: The SCHEDULE (list of items, each with its own narrative) is listed under

(B1.05) SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA

ENERGY JAN 2012). Type of contracts awarded as a result of this solicitation will be “Requirements-Type Fixed Price with Economic Price Adjustments” Refer to Clause FAR 52.216-21, REQUIREMENTS (OCT 1995) and B19.02, ECONOMIC PRICE ADJUSTMENT

(OVERSEAS) (DLA ENERGY 2012).

• EVALUATION: In accordance with FAR 52.212-2 Evaluation-Commercial Items (Oct 2014), the

Government will award a contract to the Lowest Price Technically Acceptable offers. All line items included herein will be evaluated and awarded on a line- by-line item basis.

• COMPETITIVE RANGE: If discussions are conducted, the government reserves the right to limit for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the contracting officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

• NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF

AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT

WITH GOVERNMENT AGENCIES OR IN RECEIPT OF PROPOSED DEBARMENT FROM

ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

• INCORPORATED BY REFERENCE: This solicitation includes clauses incorporated by reference.

• POINTS OF CONTACT: For any clarification, explanation or additional information about this solicitation, please contact:

Colleen Fantasia Georgia Dotson Tanesha Price

(571) 363-8706 (571) 767-8460 (571) 767-5012

Colleen.Fantasia@dla.mil Georgia.Dotson@dla.mil Tanesha.Price@dla.mil DLAENERGYFEPAB@DLA.MIL

INTENTIONALLY LEFT BLANK

mailto:DLAEnergyFEPAB@dla.mil

Table of Contents

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) 12 B19.01-2 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE – POSTS, CAMPS, AND STATIONS (PC&S) –

KOREA/GUAM/JAPAN. (DLA ENERGY JUNE 2017) 12

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C16.16-1 FUEL OIL DIESEL AUTOMOTIVE (PC&S) (KOREA) (DLA ENERGY NOV 2014) 14

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017) 15

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY JUN 2017) 16

SECTION D: PACKAGING AND MARKINGS

SECTION E: INSPECTION & ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG. 1996) 17

E12 ENERGY QAP E12 (JUL 2015) POINT OF ACCEPTANCE 18

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 19

E21.01 ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 19

E22 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) 19

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 22

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011) 23

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 25

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 25

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA

ENERGY JAN 2012) 26

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012) 27

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 30

F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012) 31

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S)(DLA

ENERGY AUG 2005) 32

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005) 32 F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009) 33

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 33

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA ENERGY OCT 1992) 34

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018). 34

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018). 35

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 37

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 38

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA

ENERGY JAN 2012) 39

G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY JAN 2012) 40 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012) 41

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) 44

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 44 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017) 44

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 44

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 44 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 44

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) 44

FAR 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015) 44

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) 45

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY 2011) 45

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 45

FAR 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAR 2008) 45

FAR 52.232-17 INTEREST (MAY 2014) 45

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 45

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 45

FAR 52.233-1 DISPUTES (MAY 2014) 45

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 45

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 45

FAR 52.242-13 BANKRUPTCY (JUL 1995) 45

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 45

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 45 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 45

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) 45

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 45

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 45

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) 45 DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) 45 DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 45 DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 45 DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED

STATES (JUN 2015) 45

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019) 45

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 45

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 45

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 45

DFARS 252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012) 45

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD

CONTRACTS) (JUN 2013) 45

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-ALTERNATE I (FEB 2019) 45

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 46

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) 47

FAR 52.209-9 – UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 51 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (JAN 2021) 52

FAR 52.216-21 REQUIREMENTS (OCT 1995) 57

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 57

FAR 52.222-50 -- COMBATING TRAFFICKING IN PERSONS (OCT 2020) 58

FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 63

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 65

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT

OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) 65

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2020) 65

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (SEP 2019) 73

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 77

DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997) 77

DFARS 252.229-7001 TAX RELIEF—BASIC (APR 2020) 77

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) 78

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 78

I2.05-1 DEFINITION OF CHANGES (OVERSEAS PC&S) (DLA ENERGY JAN 2012) 79

I2.05-4 DEFINITION OF CHANGES (CONT'D) (OVERSEAS PC&S) (DLA ENERGY JUL 1993) 79

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 79

I86.03DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 80

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) 80

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

FAR 52.203-2 -- CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 81

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

TRANSACTIONS (SEPT 2007). 82

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

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017) 82

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 83

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 83

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION

(NOV 2015) 86

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 87

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 88

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 89

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2021) 89

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 107

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 109 DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

(DEC 2019) 109

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

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) 109

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014) 110

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020) 110

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA. (AUG 1992) 111

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 111

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 112

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 112

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014) 112

SECTION L: INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) 114

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 114

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 115

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020) 116

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 119

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 119

FAR 52.216-1 TYPE OF CONTRACT (APR 1984). 119

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 119

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 119

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 120 DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) 122

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 122

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 123

L54 SITE VISIT (DLA ENERGY OCT 1992) 123

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT (PC&S)

(DLA ENERGY JAN 2012) 124

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 – CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) 124

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 126

M3.01 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (DLA ENERGY JAN 2021) 126

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 126

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 129

INTENTIONALLY LEFT BLANK

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY

JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, see below FAR 52.216-21, the delivery points, methods of delivery, and estimated quantities are listed by CLIN in Attachment A – THE SCHEDULE . The quantities shown are only best estimates of required quantities.

Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than the quantities stated in Attachment A - THE SCHEDULE. The Government agrees to order from the Contractor and if ordered, the Contractor shall timely deliver during the contract period all items awarded under this contract. The prices paid to the Government shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours of receipt.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified in “Attachment A – THE SCHEDULE” for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as five (5) -year requirements.

(d) These Requirements are for the support of military within South Korea. Attachment A – THE SCHEDULE defines each requirement by CLIN, and under each CLIN important information is listed, such as the Quantity, NSN, Delivery Identification description, Mode, and Delivery Address, among other details.

See Attachment A – THE SCHEDULE

B19.01-2 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE – POSTS, CAMPS, AND

STATIONS (PC&S) – KOREA/GUAM/JAPAN. (DLA ENERGY JUNE 2017)

(a) Warranties. The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and

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

(b) Definitions. As used throughout this contract text, the term—

(1) Base unit price means the unit price set forth opposite the item in Section B of the Schedule.

(2) Market price means a price determined by an independent trade association, governmental body, or other third party and reported or made available in a consistent manner in a publication, electronic data base, or other form. This price may be either a single market price or a combination of market prices for price adjustment for individual items by product, market area, and publication as specified in the Table in (g) below. For purposes of this procurement, the market price is the average of the prices published in Platt's Oilgram Price Report. The applicable market price is identified by product following the Table in (g) below.

(i) Base market price means the price as shown in column IV of the Table in (g) below and is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price in effect on the date of delivery and that will be used to determine the change in market price as defined in (c)(1) below.

(3) Date of delivery is defined as follows:

(i) For free on board (f.o.b.) destination truck deliveries. The date product is received, on a truck-by-truck basis.

(ii) For all other types of deliveries. The date and time product commences moving past the specified f.o.b. point.

(c) Adjustments

(1) Subject to the texts of this contract text, the prices payable hereunder shall be determined by adding to the base unit price the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, subsequent to the date on which the base market price is established (see column IV of the Table). The prices payable shall be issued through semimonthly contract notifications effective the first and third Monday of each month.

(2) Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments.

(3) All arithmetical calculations, including the final adjusted unit price, shall be rounded to four decimal places.

(4) Failure to deliver. Notwithstanding any other texts of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) Upward ceiling on economic price adjustment. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment texts, shall not exceed 587 percent of the base unit price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the texts of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

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

(6) Revision of market price indicator. In the event—

(i) Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,-the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

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

(e) Examination of records. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the texts of this contract text.

(f) Final invoice. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

(g) Table.

Base Reference Price is the Prior Month Average (1 thru 30 September 2020)

Product Code Product Name Publication

Base Reference Date

Base Reference Price Escalator Code

MUM Gasoline Unl 95 Platts FOB Spore Cargo

#PGAEZ00 10/1/2020 $1.124383

PMSPRUNL95

MUR Gasoline Unl 92 Platts FOB Spore Cargo

#PGAEY00 10/1/2020 $1.087251

PMSPRG92U

KDR

Korean Diesel Class 3, Regular

Platts Gasoil FOB Spore Cargo

#POABC00 10/1/2020 $1.051764

PMSPRDSCAR

(End of Clause)

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C16.16-1 FUEL OIL DIESEL AUTOMOTIVE (PC&S) (KOREA) (DLA ENERGY NOV 2014)

In delivering supplies and services under this contract, the Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a signatory or with whose terms the receiving activity has otherwise agreed to comply. The Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

In the event that an International, Federal, State, and/or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement. Product(s) that fail to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s).

(a) FUEL OIL DIESEL AUTOMOTIVE- Diesel Fuel Oil shall confirm to Korea Petroleum and Alternative Fuels Business Act (Korea Ministry of Knowledge Economy Notice No. 2010-236).

1) Classification

National Stock Number

Product Nomenclature

Pour Point Temperature

DLA Energy Product Code

Korean National Standard

Designation

9140-01-534-3068 Fuel Oil, Diesel, Regular Grade

Seasonally Adjusted

KDR Automotive Diesel Fuel Oil

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-00-148-7103 Gasoline, Regular Unleaded MUR Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically.

Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

GASOLINE AUTOMOTIVE, UNLEADED, REGULAR. Gasoline shall conform to each country specification as listed below:

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

CANADA CAN/CGSB-3.5-2001

JAPAN JIS K 2202

PHILIPINES PNS/DOE QS 008:2012 9130-00-148-7103

MIDDLE EAST EN 228

ALL OTHER REGIONS ASTM D4814

LOCAL SPECIFICATIONS: In-country specifications not meeting the specification requirements in the chart above, but meet local requirements may also be submitted for review and approval.

(a) OCTANE REQUIREMENTS

(1) Unleaded regular automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti-Knock Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.

(2) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with specification listed for each country requirements when applicable.

(b) OXYGENATE REQUIREMENTS.

(1) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.

(2) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY

JUN 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-272-0983 Gasoline, Midgrade Unleaded MUM Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below.

In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically.

Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE. Gasoline shall conform to each countries specification as listed below:

LOCAL SPECIFICATIONS: In-country specifications not meeting the specification requirements in the chart above, but meet local requirements may also be submitted for review and approval.

(a) OCTANE REQUIREMENTS

(1) Unleaded midgrade automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti-Knock Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.

(2) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with specification listed for each country requirements when applicable.

(b) OXYGENATE REQUIREMENTS.

(1) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.

(2) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

CANADA CAN/CGSB-3.5-2001

COSTA RICA RTCA 75.01.20:04

EL SALVADOR RTCA 75.01.20:04

GUATEMALA RTCA 75.01.20:04

HONDURAS RTCA 75.01.20:04 9130-01-272-0983

NICARAGUA RTCA 75.01.20:04

PHILLIPINES PNS/DOE QS 008:2012

MIDDLE EAST EN 228

ALL OTHER

SECTION D: PACKAGING AND MARKINGS

NOT APPLICABLE

SECTION E: INSPECTION & ACCEPTANCE

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…