SPE605-21-R-0219 Final - Philippines.pdf

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-21-R-0219 PHILIPPINES (PC&S) 1.6P)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

PERIOD OF PERFORMANCE

01 JANUARY 2022 THROUGH 31 DECEMBER 2026

PART: U.S. GOVERNMENT PROCUREMENTS

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

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAB,

John Gable and Georgia Dotson 8725 John J. Kingman Road, Suite 3938 Ft.

Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

DIESEL FUEL (DF2), TURBINE FUEL, AVIATION (JA1), GASOLINE, AUTOMOTIVE

(MUP) FOR THE PHILIPPINES AT VARIOUS LOCATIONS

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

JOHN GABLE GEORGIA DOTSON

(703) 223-3454 (571) 767-8460

JOHN GABLE@DLA.MIL GEORGIA.DOTSON@DLA.MIL

AND DLAENERGYFEPAB@DLA.MIL

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

RESPONSES DUE: JULY 15, 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/

Philippines PC&S

SPE60521R0219

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--

05 Effective 10 Mar 2021; Defense Federal Acquisition Regulation Supplement (DFARS): Effective 15 Jan 2021, and DLAD Update Effective 4 May 2021 through Proc. Ltr. 2021-10.

• Solicitation Number SPE605-21-R-0219 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 June 18, 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 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-0219 is 15 JULY 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 15 JULY 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 (B19.02

ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)). 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 24 MAY 2021. Contract prices will escalate daily.

• 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

January 2022 through 31 December 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 John.Gable@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 John.Gable@dla.mil, Georgia.Dotson@dla.mil, Tanesha.Price@dla.mil, and

DLAENERGYFEPAB@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-0219. 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-0219. 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:%20John.Gable@dla.mil mailto:%20John.Gable@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 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:

John Gable Georgia Dotson Tanesha Price

(703) 223-3454 (571) 767-8460 (571) 767-5012

John.Gable@dla.mil Georgia.Dotson@dla.mil Tanesha.Price@dla.mil DLAENERGYFEPAB@DLA.MIL 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)……………13

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY APR 2015)

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S and Bulk) (DLA ENERGY AUG 2017) C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY APR 2017)………………….25

SECTION D: PACKAGING AND MARKINGS

SECTION E: INSPECTION & ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG. 1996)…………………………………………………...26

E1.21 ENERGY QAP E1.21 (FEB 2014)………………………………………………………………………………………….27

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (SEP 2013)…………………………………………………………..28

E12 POINT OF ACCEPTANCE (JUL 2015)……………………………………………………………………………………..29

E18.01 SAMPLE SUBMISSION (AUG 2009)……………………………………………………………………………………29

E21.01 POINT OF INSPECTION (APR 2010)……………………………………………………………………………………30

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY) (AUG 2020)…………….30

E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011)…………………………………………………………..34

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DEC 2011)…………………………………………...36 E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL)………………………………………36

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)……………………………………………………………………...37

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)…………………………………………………………………………….37

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

(DLA ENERGY JAN 2012)……………………………………………………………………………………………………….38

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)……………………………39 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)…………………………………..43

F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012)………………………………………………44

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

ENERGY AUG 2005)…………………………………………………………………………………………………………….44

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005)…………….45 F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009)……………………………….45

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)………………………………………………..45

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA ENERGY

OCT 1992)…………………………………………………………………………………………………………………………47

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)……………………………………………………………………………………………………………………………….47 DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)……………………………..48

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)………………………………………………...50

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)…………………………51

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

ENERGY JAN 2012)………………………………………………………………………………………………………………52

G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY JAN 2012)………………..53 G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012)……………...54

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984)………………………………………………………………………………………..57

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)….57 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)………………………………………………………………………………………………………57

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)……………………57 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)……...57 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)……57 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)…………………………….57

FAR 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)………………………………………………………………57

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)……………58 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY 2011)………………………58 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)………………………………………58 FAR 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAY 2020)……………………………… 58

FAR 52.232-17 INTEREST (MAY 2014)…………………………………………………………………………………………58

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)………………………………..58 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)..58

FAR 52.233-1 DISPUTES (MAY 2014)…………………………………………………………………………………………58

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)……………………………………………………………………….58

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)…………………………………..58

FAR 52.242-13 BANKRUPTCY (JUL 1995)……………………………………………………………………………………..58

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)……………………………………………………………….58

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011).58 DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)……….58 DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) …………………………………..58

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)……………………………………………………….58

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)……………………..58 DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)…………………58 DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

(DEC 2019)………………………………………………………………………………………………………………………...58

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)………………………………………………………………………………………………………………………..58

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)……58 DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (JUN 2015)……………………………………………………………………………………………………58

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)…………………………………………………...58

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)…………………………………………………..58

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)………………………………………………………….58

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)……………………………………………58 DFARS 252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012)…………………………………………...58 DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021)…………………………………………58 DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-ALTERNATE I (FEB 2019)………………………….58 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)…………………………………..58 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)………………………………………60

FAR 52.209-9 – UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)………………………………………………………………………………………………………………………..64

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (JAN 2021)…………………………………………………………………………………65

FAR 52.216-21 REQUIREMENTS (OCT 1995)…………………………………………………………………………………70

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)………………………………………………………………70

FAR 52.222-50 -- COMBATING TRAFFICKING IN PERSONS (OCT 2020)………………………………………………….71 FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)………………………………………………….76

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)…………………………………………………..78

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

EQUIPMENT OR SERVICES (JAN 2021)……………………………………………………………………………………….78

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (SEP 2019)………………………………………………………….87

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)……………………………………………………….90

DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)………………………………………..90

DFARS 252.229-7001 TAX RELIEF—BASIC (APR 2020)……………………………………………………………………..91

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)………………………………………………91

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)………………………………………………………………………………..92

I2.05-1 DEFINITION OF CHANGES (OVERSEAS PC&S) (DLA ENERGY JAN 2012)……………………………………...93 I2.05-4 DEFINITION OF CHANGES (CONT'D) (OVERSEAS PC&S) (DLA ENERGY JUL 1993)………………………….93 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)……………………………………………………………………………………………………………………………….93 I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012)…………………………………………….93 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009)…………...94

SECTION J: LIST OF ATTACHMENTS

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

RESPONDENTS………………………………………………………………………………………………………………...95

FAR 52.203-2 -- CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)……………………………..95 FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEPT 2007)…………………………………………………………………………………………………96

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)…………………………….96

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)…………………………………………………..97

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)…………………………………………………………………97

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

REPRESENTATION (NOV 2015)………………………………………………………………………………………………100

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)………………………………101 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)………………………………...102 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)……………………………………………………….103

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB 2021)…………103 FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)…………………………………………………………….122 DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)…123

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)……………………………………………………………………………………………….124

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

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)……………………………………………………………124

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014)………………………………………………..125 DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)………………………………………………………………………………………..125

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA. (JUN 2021)………………..126

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)……………………………………………………………………..126

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)………………………………………………………..126

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)…………………………………………………………………………..127

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)…127

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

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)…………………………………………………………………..128

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)……………………………………………………….128

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)………………….129 FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)………………………………130 FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)…………………………………133 FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)……………………………………………..133

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)……………………………………………………………………………133

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)………….134

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)…………………………………………………………………………134

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)……………………………………………………………………………………………………………………..134 DLAD 5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020).136

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)…………………………………………………...137

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)…………………………………………………………………..137

L54 SITE VISIT (DLA ENERGY OCT 1992)…………………………………………………………………………………..138

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF PRODUCT

(PC&S) (DLA ENERGY JAN 2012)…………………………………………………………………………………………….138

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 – CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)…………………………138

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)……………………………………………………………………...140

M3.01 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (DLA ENERGY JAN 1998)……140

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)………………………………………………………………...140

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)……………………………142

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 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 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 “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 THE SCHEDULE BELOW

Item: 0001 Quantity:505,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSINGGAS - PLATTS DAILY SINGAPORE GASOIL POABC00C Base-Ref: 05/24/2021 Base-Price: 1.766429 NSN Delivery Identification State

9140-002865294 (DF2) CDMMFPACP2 - MANILA CITY CAMP AGUINALDO 03

DIESEL FUEL

Delivery Address: Road 6 Camp Aguinaldo Quezon City, Metro Manila, Rizal 03 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 5200 TANK WAGON(S)

Delivery Mode Notes: TT w / pump & meter.

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: Delivery Contact Name, Telephone Number: SSgt Octavious B. Jackson, Comm: (63) 700-626-6788, octavious.jackson@socom.mil

Delivery Ticket Notes: Metered delivery tickets required.

Item: 0002 Quantity:20,000.000 UG6 Period of Performance: 11/01/2021-12/31/2026 Escalator: PDSPRJKCRG- SINGAPORE DAILY JET KERO PJABF00C Base-Ref: 05/24/2021 Base-Price: 1.693095 NSN Delivery Identification State

9130-007535026 (JA1) CDMMFPACP2 - MANILA CITY CAMP AGUINALDO 03

TURBINE FUEL,AVIATION

Delivery Address: Road 6 Camp Aguinaldo Lat 14.613291 N, Long 121.066836 E Quezon City, Metro Manila, Rizal 03 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

DRUMS

Delivery Mode Notes: PRODUCT TO BE DELIVERY IN 55 USG DRUMS.

Delivery Hours: VARIOUS WILL BE SPECIFIED IN 1155

Delivery Notes: NO STORAGE TANKS FOR THIS MATERIAL AT THIS LOCATION. Staff Rotate Frequently, Delivery POC to be identified on DD1155 Unit will have secondary containment, fire extinguishers all HAZMAT equipment for fuel storage. Empty drums will need to be picked up after detachment departs by the vendor. Vendor must submit the name of the driver/operator a day prior to gain access to the site.

Item: 0003 Quantity:20,000.000 UG6 Period of Performance: 11/01/2021-12/31/2026 Escalator: PDSPRJKCRG- SINGAPORE DAILY JET KERO PJABF00C Base-Ref: 05/24/2021 Base-Price: 1.693095 NSN Delivery Identification State

9130-007535026 (JA1) CDMMFPACP3 - FORT RAMON MAGSAYSAY 03

TURBINE FUEL,AVIATION

Delivery Address: Fort Ramon Magsaysay Palayan City, Nueva Ecija 03 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

DRUMS

Delivery Mode Notes: Fuel needs to be delivered in 55 gal drums.

Delivery Hours: WILL BE SPECIFIED IN 1155

Delivery Notes: Unit request is for JA1 with additives CI, FSII, SDA that meets JP-8 spec. THERE ARE

NO

STORAGE TANKS FOR THIS MATERIAL AT THIS LOCATION. Delivery Contact Name, Telephone Number and Email:

will be specified in 1155. Unit will have secondary containment, fire extinguishers all HAZMAT equipment for fuel storage. Empty drums will need to be picked up after detachment departs by the vendor. Vendor must submit the name of the driver/operator a day prior to gain access to the site.

Delivery Ticket Notes: UNIT REQUESTS METERED OFFLOAD with standard delivery receipt.

Item: 0004 Quantity:120,000.000 UG6 Period of Performance: 11/01/2021-12/31/2026 Escalator: PDSPRJKCRG- SINGAPORE DAILY JET KERO PJABF00C Base-Ref: 05/24/2021 Base-Price: 1.693095 NSN Delivery Identification State

9130-007535026 (JA1) CDNCLRKAIR - CLARK INTERNATIONAL AIRPOR 03

TURBINE FUEL,AVIATION

Delivery Address: CLARK AIRFIELD ANGELES CITY, PAMPANGA 03 99999

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY N57012 N57012

Name Phone

LSC CHARLES BOOK 315-226-5747

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK WAGON

No. of Tanks Capacity Type Tank Location

1 50 GENERATOR

1 500 BLADDER(S)

Delivery Hours: MONDAY - FRIDAY / 0800

Delivery Notes: Delivery of fuel will be on OIC discretion. Delivery Contact Name, and Email: LSC Charles Book Charles.Book@fe.navy.mil Item: 0005 Quantity:1,882,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSINGGAS - PLATTS DAILY SINGAPORE GASOIL POABC00C Base-Ref: 05/24/2021 Base-Price: 1.766429 NSN Delivery Identification State

9140-002865294 (DF2) CDMMFPACP1 - ZAMBOANGA CITY 09

DIESEL FUEL

Delivery Address: Edwin Andrews Air Base Zamboanga City 09 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 5200 TANK WAGON(S)

Delivery Mode Notes: TT w/pump & meter into a TW.

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: Delivery Contact Name, Telephone Number: SSgt Octavious B. Jackson, Comm: (63) 700-626-6788, octavious.jackson@socom.mil

Delivery Ticket Notes: Metered delivery tickets required. Request metered delivery TW and request metered delivery tickets provided to Noemir.yamongan@dyn-intl.com Item: 0006 Quantity:1,733,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSPRJKCRG- SINGAPORE DAILY JET KERO PJABF00C Base-Ref: 05/24/2021 Base-Price: 1.693095 NSN Delivery Identification State

9130-007535026 (JA1) CDMMFPACP1 - ZAMBOANGA CITY 09

TURBINE FUEL,AVIATION

Delivery Address: Edwin Andrews Air Base Zamboanga City 09 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W

Delivery Mode Notes: TT w/pump & meter into a TW.

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: Staff Rotate Frequently, Delivery POC to be identified on DD1155

Delivery Ticket Notes: Metered delivery tickets required.

Item: 0007 Quantity:13,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSPRMGC97- SNGPRE DAILY MOGAS 97 UNL CRGO PGAMS00 Base-Ref: 05/24/2021 Base-Price: 1.839048 NSN Delivery Identification State

9130-001487104 (MUP) CDMMFPACP9 - ZAMBOANGA 09

GASOLINE,AUTOMOTIVE

Delivery Address: Edwin Andrews Air Base Zamboanga City 09 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

DRUMS

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: FOB ORIGIN PRODUCT TO BE DELIVERY IN 55 USG DRUMS, ALL DRUMS TO

BE NEW 55 USG FILLED TO

A MAXIMUM OF 53 USG. DRUMS MUST BE PALLATIZED. Unit requests that empty drums be removed by the vendor.

Coordination with Ordering Contact for subsequent deliveries is required. Delivery Contact: SSgt Octavious B. Jackson, Comm: (63) 700-626-6788, octavious.jackson@socom.mil Item: 0008 Quantity:63,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSINGGAS - PLATTS DAILY SINGAPORE GASOIL POABC00C Base-Ref: 05/24/2021 Base-Price: 1.766429

NSN Delivery Identification State

9140-002865294 (DF2) CDMMFPACP9 - ZAMBOANGA 09

DIESEL FUEL

Delivery Address: Edwin Andrews Air Base Zamboanga City 09 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

DRUMS

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: FOB ORIGIN PRODUCT TO BE DELIVERY IN 55 USG DRUMS, ALL DRUMS TO

BE NEW 55 USG FILLED TO

A MAXIMUM OF 53 USG. DRUMS MUST BE PALLATIZED. Unit requests that empty drums be removed by the vendor.

Coordination with Ordering Contact for subsequent deliveries is required. Delivery Contact: SSgt Octavious B. Jackson, Comm: (63) 700-626-6788, octavious.jackson@socom.mil Item: 0009 Quantity:60,000.000 UG6 Period of Performance: 01/01/2022-12/31/2026 Escalator: PDSPRJKCRG- SINGAPORE DAILY JET KERO PJABF00C Base-Ref: 05/24/2021 Base-Price: 1.693095 NSN Delivery Identification State

9130-007535026 (JA1) CDMMFPACP9 - ZAMBOANGA 09

TURBINE FUEL,AVIATION

Delivery Address: Edwin Andrews Air Base Zamboanga City 09 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USMC MMR007 MMR007

Name Phone

IDENTIFIED ON DD1155 IDENTIFIED ON DD

Mode Receipt % Max Parcel Min Parcel FOB Restriction

DRUMS

Delivery Hours: 0800-1600 MON-SUN INCLUDES WEEKENDS

Delivery Notes: FOB ORIGIN PRODUCT TO BE DELIVERY IN 55 USG DRUMS, ALL DRUMS TO

BE NEW 55 USG FILLED TO

A MAXIMUM OF 53 USG. DRUMS MUST BE PALLATIZED. Unit requests that empty drums be removed by the vendor.

Coordination with Ordering Contact for subsequent deliveries is required. Delivery Contact: SSgt Octavious B. Jackson, Comm: (63) 700-626-6788, octavious.jackson@socom.mil

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(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 texts of this contract.

(b) DEFINITIONS. As used throughout this contract text, the term--

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading;

(B) F.O.B. DESTINATION. The date and time vessel commences discharging;

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ ] (i) The low price published in (name of publication)

[ ] (ii) The average of the prices published in (name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its http://www.platts.com/ subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract text until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions 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 the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS

– COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts shall not exceed ______ percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions 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 appropriate explanation and documentation as required by the Contracting Officer.

(2) If an actual increase in the reference 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 http://www.desc.dla.mil/ modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

(1) Any applicable reference price is discontinued or its method of derivation is altered substantially;

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) 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 FACTORS contract text, apply unless otherwise specified in the Schedule.

(i) 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, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

(j) FINAL INVOICE.