SPE605-21-R-0217_Guam_1.8R_Final.pdf

INFORMATION TO OFFERS OR

QUOTERS COVER SHEET

Synopisis/Solicitation

SOLICITATION: SPE605-21-R-0217 POSTS, CAMPS, & STATIONS (PC&S) 1.8R GUAM

PART: U.S. GOVERNMENT PROCUREMENTS

SUBPART: SUPPLIES, EQUIPMENT AND MATERIAL

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

PERIOD OF PERFORMANCE: 1 OCTOBER 2021 THROUGH 30 September 2021

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAA,

Candy L. Cross

8725 John J. Kingman Road, Suite 3938

Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

GASOLINE, REGULAR UNLEADED (MUR) and DIESEL FUEL (DS2) FOR GUAM AT

VARIOUS LOCATIONS.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

CANDY CROSS

(571) 767-8368

CANDY.CROSS@DLA.MIL

AND DLAENERGYFEPAA@DLA.MIL

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

RESPONSES DUE: JUNE 11, 2021; 3:00 PM, EASTERN DAYLIGHT TIME (EDT)

FT. BELVOIR, VA LOCAL TIME.

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

mailto:CANDY.CROSS@DLA.MIL mailto:DLAENERGYFEPAA@DLA.MIL http://www.energy.dla.mil/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0088918578

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-21-R-0217

5. SOLICITATION NUMBER

2021 MAY 10

6. SOLICITATION ISSUE

DATE

Candy Cross FPL1421

a. NAME

Phone: 571-767-8368

b. TELEPHONE NUMBER (No Collect calls)

2021 JUN 11

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

1500SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWA

RD OF CONTRACT: REF.

OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

Guam PC&S

SPE60521R0217

SPECIAL INSTRUCTIONS FOR OFFERORS:

A. Combined Synopsis/Solicitation: 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. 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).

B. 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.

C. Request for Proposals: Solicitation Number SPE605-21-R-0217 is hereby issued as a Request for Proposals

(RFP).

D. Time and Place for Submission of Proposal: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE605-21-R-0217 is 11 JUNE 2021 BY 3:00 PM, Eastern Daylight Time (EDT) Ft. Belvoir, VA local time.

E. Late Offers: Please note that offers MUST be received by 11 JUNE 2021 BY 3:00 PM, Eastern Daylight Time (EDT) Ft. Belvoir, VA local time. Any offer received after that time will be considered”late.”

Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouranged to review paragraph (f) of FAR 52.212-1 Instructions to Offerors – Commercial Items, (JUN 2020).

F. 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 June 1, 2021, 3:00p.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 DLAENERGYFEPAA@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.

G. 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, (referenced in Section M). 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.

H. Contract Type: A contract awarded as a result of this solicitation will be a Fixed-Price Requirements

Contract with Economic Price Adjustment. Please refer to FAR 52.216-1, Type of Conract (APR 1984) and

FAR 52.216-21 Requirements (OCT 1995).

I. Schedule: The description, quantity, location delivery hours, equipment, and other details required for this solicitation are located in Attachment A: “Schedule.” Quantities stated in the Schedule represent the

Government’s best estmates covering the five-year requirement period.

J. Ordering Period: The ordering period for all contracts awarded under this solicitation will be 1 Ocotber

2021 through 30 September 2026.

K. Delivery Period: The delivery period for all contracts awarded under this solicitation will be 48 hours after award through 31 October 2026.

L. 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. Pre-Award Surveys: DLA Energy may require a pre-award survey as part of determining responsibility.

M. 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.

N. Economic Price Adjustment and Base Reference Price: Please refer to B19.01-2 ECOMOMIC PRICE

ADJUSTMENT – MARKET PRICE – POSTS CAMPS AND STATIONS (PC&S) –

KOREA/GUAM/JAPAN, (DLA Energy JUNE 2017). The Base Reference Date is 8 March 2021.

Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday, and any deliveries made on Saturday and Sunday will use Friday’s Price). In accordance with the above Economic Price Adjustment clauses based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. ANY

PROPOSAL USING AN ALTERNATE ESCALATOR WILL NOT BE ACCEPTED.

O. Acknowledge Amendments: You must acknowledge receipt of any amendments to this solicitiaton. You may do this by completing Block 8, 15A, signing 15B, 15C and returning one (1) copy of each amendment issued.

P. Commercial and Government Entity (CAGE) Code reporting: Please include your CAGE code in your offer submission letter. If you have not been assigned a CAGE code, insert the word “None” when referencing CAGE code.

Q. DUNS Number: Please include your company’s Data Universal Numbering System Number in your offer submission letter.

R. System for Award Management (SAM): SAM registration is required at the time of initial offer and the offeror shall continue to be registered until time of award, during performance, and through final payment of any conract resulting from this solicitation. FAR 52.212-3, OFFEROR REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2021) applies to this acquisition. Offerors shall complete this provision in (SAM); https://sam.gov/SAM/, SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site.

Please provide the printout from SAM with your proposal.

S. Tax and Fee Information: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

a. INCLUDE: Any Federal Excise Taxes (FET) shall be included in your offer prices.

b. INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

c. Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices shall include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S.

Government or Department of Defense exemption applies. Offer price should be a unit price per gallon.

T. Exceptions: Offerors should identify any exceptions taken to the terms and conditions of the solicitation on company letterhead with their proposal, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

U. Proposal Submission: Offer Prices shall be submitted through the Posts, 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. Note: All offer prices shall be entered and submitted in OET. All supporting documents should be submitted through email to DLAEnergyFEPAA@dla.mil.

c. Please use the attached instruction titled, “ATTACHMENT D - AMPS Role Guide” to obtain an

AMPS account if you do not already have one.

d. 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. You will be able to request access to OET through AMPS. Please refer to

Attachment E 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 the attached instructions titled, “PC&S OET Vendor Guide,” (Attachment

F).

https://sam.gov/SAM/ mailto:DLAEnergyFEPAA@dla.mil

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 from successfully entering offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to request allowance for 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 a fully functioning state.

h. For further instructions on OET and AMPS please see the following attachments: Attachment D:

AMPS Role Guide, Attachment E: Requesting the OET Vendor Role in AMPS, and Attachment F:

PC&S OET Vendor Guide.

i. All other documents should be sent via email to Candy Cross at Candy.Cross@dla.mil and

DLAENERGYFEPAA@dla.mil.

V. In addition to meeting the offer submission requirements of FAR 52.212-1, offerors shall do the following:

a. REGISTRATION IN THESE SYSTEMS ARE REQUIRED BY THE OFFER SUBMISSION

DUE DATE AND TIME. Offerors must be registered in the following systems:

i. System for Award Management (SAM) at https://beta.sam.gov/

ii. Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

iii. DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

b. All offers must comply with the instructions in FAR 52.212-1(b) to include at a minimum:

i. Solicitation number

ii. Adhere to the date and time specified in the solicitation for receipt of offers

iii. The name, address, and telephone number of the offeror

iv. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary

v. Terms of any express warranty

vi. Price submitted through PC&S OET with all taxes and fees included

vii. Any discount terms

viii. Remit to address, if different than mailing address

ix. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically)

x. Return a signed copy of all Solicitation Amendments; and

xi. Offers must be submitted on Company Letterhead that includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

mailto:Candy.Cross@dla.mil mailto:DLAENERGYFEPAA@dla.mil https://beta.sam.gov/ https://wawf.eb.mil/ http://www.dibbs.bsm.dla.mil/

SPE60521RX

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to Candy.Cross@dla.mil and DLAEFEPAA@DLA.MIL .

W. OFFEROR SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and Attachment C the “Offeror Submission Package (OSP)” identified by number

SPE605-21-R-0217. Please keep copies of completed solicitation amendments, and the OSP for your records.

X. ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check BETA.SAM.GOV frequently for any solicitation amendments (updates) to SPE605-21-R-0217. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA

Energy by email at DLAEnergyFEPAA@dla.mil, prior to the solicitation closing date.

Y. 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.

Z. 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”.

AA. 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.

BB. 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.

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

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

Candy Cross DLA ENERGY FEPAA

(571) 767-8368

Candy.Cross@dla.mil DLAENERGYFEPAA@DLA.MIL mailto:Candy.Cross@dla.mil mailto:DLAEFEPAA@DLA.MIL mailto:DLAEnergyFEPAB@dla.mil http://www.dandb.com/eupdate

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) 13

B19.01-2 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE – POSTS, CAMPS, AND STATIONS (PC&S) –

KOREA/GUAM/JAPAN, (DLA ENERGY JUNE 2017). 13

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 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 19

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) 20

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

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011) 24

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) 33

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) 45

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) 45

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) 45

FAR 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (NOV 2020) 45

FAR 52.223-18 ENCOURAGING CONTRACTING POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 45

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 52.232-17 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 252.226-7001 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 252.243-7001 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 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 48

FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020) 50

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

FAR 52.219-6 – NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) 58

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

FAR 52.229-3 -- FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 64

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) 66

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020) 67

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) 70

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (SEP 2019) 74

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) - BASIC (DEC 2019) 78

DFARS 252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK

UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION

(DEVIATION 2021-O0003) (APRIL 2021) 78

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 79

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 80

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

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) 81

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 81

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) 82

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) 83

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

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 84

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020) 85

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) 87

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

(NOV 2015) 87

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

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 89

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

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 90

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2021) 90

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 108

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) 110

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

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) 110

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014) 111

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

(DEVIATION 2020-O0005) (FEB 2020) 112

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA. (AUG 1992) 112

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 113

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 113

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014) 114

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

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) 115

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 115

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 116

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020) 117

FAR 52.216-1 TYPE OF CONTRACT (APR 1984). 121

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 121

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 121

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016) 121

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS. 122

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) 124

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 125

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 125

L54SITE VISIT (DLA ENERGY OCT 1992) 126

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

(DLA ENERGY JAN 2012) 126

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 – CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) 127

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 128

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 128

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 130

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.

Product

Code Product Name Publication

Base

Reference

Date

Base

Reference

Price Escalator Code

MUR Gasoline Unl 92

SNGPRE DAILY MOGAS 92

UNL CRGO PGAEY00 3/8/2021 $1.775238

PDSPRMGC92

DS2

ULTRA LOW

SULFUR DISEL

(DS2)

PLATTSNGPRE DAILY GASOIL

10PPM AAOVC00 3/8/2021 $1.75962

PDSPRGAS10

(End of Clause)

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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.

C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-524-0139 Grade Number 2-D S15 (ULSD) DS2

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 any existing or after-imposed Title V

(Clean Air Act) Permits. The list of such requirements contained in this contract is not intended to be a complete list, and the Contractor shall be responsible for determining the existence of all such requirements. Selected regional environmental requirements are highlighted in the SPECIFICATIONS

(CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited above. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

Product shall conform to commercial specification ASTM D 975. In accordance with this specification, product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content shall be 0.0015 wt%.

(a) ADDITIVES.

(1) A fuel stabilizer additive conforming to MIL-S-53021, latest revision, may be blended into the fuel to improve the suitability of fuel for long term storage. Permissible additive concentrations are specified in the latest revision of QPL-53021.

(2) A corrosion inhibitor/lubricity improver additive may be blended into the fuel to inhibit corrosion and improve fuel lubricity.

Permissible additive concentration limits are specified in the latest revision of QPL 25017.

(3) A fuel system icing inhibitor may be blended into the fuel to purge small quantities of water from the fuel and prevent the formulation of ice crystals. The additive concentration shall not exceed 0.15 volume percent when tested in accordance with ASTM D 5006.

(b) BLENDING. Blending one grade of diesel fuel with another grade, or other compatible components, to produce a different grade or a variation within a grade is permitted. However, such blending shall be accomplished by mechanical mixing or agitation in a tank, or inline blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the desired fuel.

(c) LOW TEMPERATURE OPERABILITY. The low temperature performance of diesel fuel shall be defined by the following property:

CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix

X5 of ASTM D 975. Within Alaska for activities where fuel support is limited to April-September, for example "JUN/JUL", "MAY 15 - JUN 15", "DURING SUMMER MONTHS", etc, and fuel will be used year-round in support of continuing operations, the cloud point shall be equal to or lower than the tenth percentile minimum temperature specified in Appendix X5 of ASTM D 975 for the month of January.

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,…