SPE605-25-R-0225 Solicitation.pdf

PDF 1 MB Posted

Attached to
1. 8A ITALY SOLICITATION 2025
Solicitation number
SPE605-25-R-0225
Issued by

About this file

This is a Request for Proposals (RFP) SPE605-25-R-0225 issued by the Defense Logistics Agency - Energy for automotive gasoline, diesel fuel, fuel oil burner #1 and #2 for U.S. military services in Italy. The solicitation covers a performance period from 01 April 2026 through 31 December 2028, with an estimated total quantity of 4,431,368 liters of premium unleaded gasoline, 55,580,496 liters of diesel fuel, 18,528,813 liters of fuel oil burner #2, and 33,475 liters of fuel oil burner #1. The procurement is unrestricted and will be awarded as a fixed-price requirements contract with economic price adjustment, using a Lowest Price Technically Acceptable source selection methodology.

Proposals are due on 14 November 2025 at 3:00 PM Eastern Standard Time. Offerors must submit pricing through the Post Camps and Stations (PC&S) Offer Entry Tool (OET) and complete various representations and certifications, including small business status, environmental compliance, and tax information. The contract will be evaluated by aggregate groups matching tax regions, with award based on the lowest total price for CLINs within each aggregate group. Economic price adjustments will be based on weekly price changes referenced in Staffetta Quotidiana publication, with a base reference date of 28 July 2025.

View the file

Other files

Show all 22

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-25-R-0225 (ITALY POST, CAMPS & STATIONS (PC&S) 1.8A)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

PERIOD OF PERFORMANCE

01 April 2026 THROUGH 31 December 2028

PART: U.S. GOVERNMENT PROCUREMENTS

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

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPCA,

Kayla Polonia and Orlando Merritt 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

AUTOMOTIVE GASOLINE, DIESEL FUEL, FUEL OIL BURNER #1 AND #2 FOR US

ARMY, US AIR FORCE, US NAVY, AND DEPARTMENT OF DEFENSE IN ITALY

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

ORLANDO MERRITT KAYLA POLONIA

(571) 585-1387 (571) 447-7662

ORLANDO.MERRITT@DLA.MIL KAYLA.A.POLONIA@DLA.MIL

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

RESPONSES DUE: 14 NOVEMBER 2025; 3:00 PM, EASTERN STANDARD

TIME (EST).

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

mailto:ORLANDO.MERRITT@dla.mil file://orgeast.dir.ad.dla.mil/ENERGY/DESC-DO/FEP/FEPC/4200.08%20Contract%20Files%20FEPCA/OCONUS%20Solicitations/1.8A%20(Italy)/2025%20Italy%20Solicitation%20-%2025R0225/SECTION%20A%20-%20PLANNING%20AND%20SOLICITATION/TAB%209%20-%20SOLICITATION%20&%20AMENDMENTS/Kayla.a.polonia@DLA.MIL http://www.energy.dla.mil/

SPECIAL INSTRUCTIONS FOR OFFERORS:

• This is solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 and FAR Subpart 15.1 as supplemented with additional information included in this notice. This announcement constitutes the “Solicitation.” This is a Request for Proposals (RFP).

• This solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular (FAC) 2025- 05 effective as of August 07, 2025, Defense Federal Acquisition Regulation Supplement (DFARS) change date January 17, 2025, Defense Logistics Agency Directive (DLAD) September 6, 2024, with the same force and effect as if they were given in full text.

The full text of the referenced clause and provision in this solicitation may be accessed electronically at https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and, https://www.dla.mil/Acquisition/Policy-and-Directives/#98025. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer.

This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110. In accordance with FAR 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Fixed- Priced, Requirements contract with Economic Price Adjustment (EPA) contract resulting from this Solicitation.

• The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, that will be most advantageous to the Government, with price and other factors considered.

• The fuel requirements for the Italy PC&S Purchase Program Number (PPN 1.8A) are being solicited and shall be evaluated in accordance with FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021),

• AGGREGATE GROUP: Attachment A is a summary of the multiple aggregate groups selected to coincide with the individual tax or by tax regions that are in proximity to each other. The line items are regionally grouped to match the Italian Ministry of Finance’s guidelines for processing tax free fuel requirements.

Evaluation: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (Nov 2021) and FAR 15.101-2 Lowest Price Technically Acceptable Source Selection Process. Each line item will be evaluated as part of their aggregate group; aggregate groups will be awarded based on the lowest total price for the CLINS within each overall aggregate group. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration.

Offerors shall ensure that the information contained in their proposals is factual, accurate, and complete. (please refer to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Sep 2023) and FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (Nov 2021)).

• CLARIFICATION: Any reference to DAY(s) within the solicitation should be considered BUSINESS DAY(s) (Monday through Friday). Hours of operation listed in the schedule (Attachment A) are for Italy’s time zone, any other reference to hours/time, unless otherwise stated, within the solicitation will be for Eastern Standard Time (EST). Any reference to Holidays should be considered U.S. Holidays unless otherwise noted as Italian Holidays. Any reference to BIMONTHLY should be considered twice a month, unless otherwise noted. All quantities listed on the schedule (Attachment A) are estimates.

• Survey: A pre-award survey, if applicable, will be requested 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 (in 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 offeror’s responsibility determination.

Period of Performance: 01 April 2026 THROUGH 31 December 2028. Delivery shall be FOB destination and or FOB Origin;

(See Attachment X- Line Item Narratives).

• ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01 April 2026 THROUGH 31 December 2028. Quantities stated represent the government’s best estimates covering ordering period.

• PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023), 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.

• QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items (Attachment A) a question and answer period has been established. Starting from the issue date of this solicitation to 28 October 2025 at 4:00p.m. Eastern Standard Time (EST) 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). No further questions will be received after the above stated date and time. Telephonic (oral) questions Will Not be addressed. Offerors may submit all questions in writing, via email address:

1.8aitaly2025solicitation@dla.mil and Kayla.a.polonia@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 (block 15a-c) OR acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

• AWARD WITHOUT DISCUSSIONS: Offerors are directed at paragraph (g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 EVALUATION-- COMMERCIAL ITEMS (Nov 2021), Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. 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.

• ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to FAR 52.216-2 Economic Price Adjustment - Standard Supplies (Nov 2021). Offerors are required to use the preferred publication by Staffetta Quotidiana and published in Prezzi Italia for escalation reference for their offer prices (see Attachment F). THE BASE REFERENCE DATE for this solicitation is 28 JULY 2025. Contract prices will escalate weekly based upon the previous week’s average price as referenced in the prescribed supplier notice publication.

Awardee shall provide price escalation weekly once the awarded contract begins.

• REPORT OF CONSUMPTION: In order to obtain clearance for tax exemption, the Contractor must submit to the Property Tax Administrator of the Naval Support Activity in Naples, (Code 40P) within 30 days after the end of each month, all proof of delivery tickets, plus an itemized list of consumption broken down by product and by commands located in Italy for preparation of the quarterly consumption report by the U.S. Government. The procedure of granting tax exemption to the Contractor varies and depends on the Contractor’s tax-free storage capacity.

From the Italian Ministry of Finance, the U.S. Government in Naples shall obtain quarterly plafonds (ceilings), of which shall be replenished quarterly, for all products listed in the contracts. The plafonds shall be based on the report of actual consumption, which is submitted by the U.S. Government, to the Italian Ministry of Finance via the Italian Ministry of Defense.

• TAX- FREE INFORMATION POINT OF CONTACT: Point of Contact for information on Tax-free product - U.S. Naval Support Activity, Naples, Italy (NAVSUPPACT Naples, ATTN: Tax-free Products Administrator, Code N333). Their commercial phone number is 081 568-5439 or 568-5440. Their fax number is 081 568-5317.

• TAX AND FEE INFORMATION: Offerors may not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt. See DFARS clause 252.229-7003, TAX EXEMPTIONS (ITALY) (MAR 2012) for more information. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. For any tax exemptions that apply due to the nature of the acquisition being to supply the United States Government, the winning offeror is expected to procure tax exemptions within 8 weeks from time of award to meet the period of performance.

• SHIPMENT AND ROUTING: In accordance with SHIPMENT AND ROUTING (OVERSEAS), The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, shallow draft tankers, and barges, whether delivery is made on an F.O.B. origin or F.O.B. destination basis. The marking on the seal shall be indicated on all shipping documents.

• CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE605-25-R-0225 is 14 November 2025 BY 3:00 PM, EASTERN STANDARD TIME.

• LATE OFFERS: Please note that offers must be received by 14 November 2025 BY 3:00 PM, FT. BELVOIR, VA TIME. Any offer received after 3:00 PM will be considered “Late” and will be determined unacceptable. (See FAR 52.212-1) mailto:1.8aitaly2025solicitation@dla.mil mailto:Kayla.a.polonia@dla.mil

• The Government reserves the right to conduct a price realism analysis. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy may review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

• COMPLETE PROPOSAL: Please refer to Attachment B for proposal submission requirements.

• PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post Camps and Stations (PC&S) Offer Entry Tool (OET). It is highly recommended that vendors attempt to access OET within the first few weeks of the solicitation posting.

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 C 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 D 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 E 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 1.8aitaly2025solicitation@dla.mil and Kayla.a.polonia@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 1.8aitaly2025solicitation@dla.mil and Kayla.a.polonia@dla.mil

Offerors are reminded to not only use the instructions within the Solicitation to submit their proposals but are also reminded to follow instructions in FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services.

• ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check SAM.gov frequently for any solicitation amendments (updates) to SPE605-25-R-0225. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email at 1.8aitaly2025solicitation@dla.mil and Kayla.a.polonia@dla.mil prior to the solicitation closing date.

• UNIQUE ENTITY IDENTIFIER: Include your company’s Unique entity identifier on the cover sheet of your offer (See paragraph J of Clause 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023). If you do not have a unique entity identifier, you should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier..

• 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”.

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:1.8aitaly2025solicitation@dla.mil mailto:%20Kayla.a.polonia@dla.mil mailto:1.8aitaly2025solicitation@dla.mil mailto:Kayla.a.polonia@dla.mil mailto:1.8aitaly2025solicitation@dla.mil mailto:Kayla.a.polonia@dla.mil http://www.sam.gov/ http://www.sam.gov/

• 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. ANY SUPPLEMENTARY OR REVISED LANGUAGE INTRODUCED BY THE OFFEROR THAT

ALTERS OR MODIFIES THE TERMS AND CONDITIONS OF THE SOLICITATION OR CONTRACT PACKAGE SHALL BE DEEMED UNACCEPTABLE, INCLUDING IF FOUND AFTER AWARD. NO ALTERNATE PRODUCTS WILL BE

ACCEPTED.

CLAUSE INFORMATION:

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated herein by reference.

The provision at FAR 52.212-2 Evaluation-Commercial Items and related addenda applies to this acquisition. See FAR 52.212-2 under Full Text Clause Section.

The clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

The clause FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (Class Deviation 2025-O0003), applies to this acquisition. Paragraph (a) is incorporated herein by reference in its entirety.

The FAR and DFARS clauses identified below are applicable to the acquisition and are incorporated by reference.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFRENCE (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and-Directives/#98025.

FAR 52.252-2 CLAUSES INCORPORATED BY REFRENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

CLAUSE NAME DATE

FAR 52.201-1 Acquisition 360: Voluntary Survey. Sep 2023 FAR 52.212-4 Contract Terms & Conditions–Commercial Products and Commercial Services Nov 2023 FAR 52.203-3 Gratuities Apr 1984 FAR 52.204-7 System for Award management Nov 2024 FAR 52.204-13 System For Award Management Maintenance Oct 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems Nov 2021 FAR 52.204-20 Predecessor of Offeror Aug 2020

FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021 https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

CLAUSE NAME DATE

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Nov 2021

FAR 52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018 FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018 FAR 52.214-34 Submission of Offers in the English Apr 1991 Apr 1991 FAR 52.216-19 Order Limitations Oct 1995 FAR 52.216-21 Requirements Oct 1995 FAR 52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021 FAR 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

FAR 52.240-1

Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities

Nov 2024

FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation Jun 2020 FAR 52.229-6 Taxes Foreign Fixed-Price Contracts Feb 2013 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.233-1 Disputes May 2014 FAR 52.233-2 Service Of Protest Sep 2006 FAR52.233-3 Protest After Award Aug 1996 FAR52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.246-1 Contractor Inspection Requirements Apr 1984 FAR 52.246.2 Inspection of Supplies – Fixed Price Aug 1996 FAR 52.247-34 F.O.B Destination Nov 1991 FAR 52.252-6 Authorized Deviations in Clauses Nov 2020 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirements to Inform Employees of Whistle Blower Rights Dec 2022 DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials Sep 2022 DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023 DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Oct 2016 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting May 2024

DFARS 252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Jan 2023

DFARS 252.204-7019 NISTSP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System Mar 2023 DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders Jun 2023 DFARS 252.223-7008 Prohibition of Hexavalent Chromium Jan 2023 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Mar 2022 DFARS 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 DFARS 252.225-7021 Trade Agreements Feb 2024 DFARS 252.225-7041 Correspondence in English Jun 1997 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 DFARS 252.232-7008 Assignment Of Claims (Overseas) Jun 1997 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.233-7001 Choices of Law (Overseas) Jun 1997 DFARS 252.243-7002 Requests for Equitable Adjustment Dec 2022 DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services Nov 2023 DFARS 252.247-7023 Transportation of Supplies by Sea Oct 2024

The following clauses apply and are incorporated by reference into the solicitation. See Attachment - I and Attachment - J for the full text of these clauses:

DLA ENERGY QAP C1.02 GENERALIZED TECHNICAL GUIDANCE MAR 2025

DLA ENERGY QAP C16.38-1 FUEL OIL, BURNER No. 1 S5000 AUG 2014 DLA ENERGY QAP C16.38-2 FUEL OIL, BURNER No. 2 S5000 JUN 2021

DLA ENERGY QAP C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE) JUN 2017

DLA ENERGY QAP C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MID EAST) NOV 2018

DLA ENERGY QAP E12 POINT OF ACCEPTANCE JUL 2015

DLA ENERGY QAP E18.01 SAMPLE SUBMISSION AUG 2009

DLA ENERGY QAP E21.01 POINT OF INSPECTION JUN 2015

DLA ENERGY QAP E22 INSPECTION OFFICES FEB 2022

DLA ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES DEC 2011

DLA ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION DEC 2011

SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION contract text.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as 3-year requirements.

SEE ATTACHMENT ‘A’ FOR SCHEDULE

ITEMS SUPPLIES, DELIVERY POINTS,

AND METHOD OF DELIVERY

ESTIMATED QUANTITY

3 YEARS (Liters)

0001, 0012, 0014, & 0019 GASOLINE PREMIUM UNLEAD 50 PPM (ULG)

NSN: 9130-01-527-5763

4,431,368.235

0002,0003, 0004,0006, 0007 0009, 0010, 0011, 0013, 0015, 0017, 0018, 0020, 0021, 0026

DIESEL FUEL, 10 PPM SULFUR (SFD)

NSN: 9140-01-556-9156

55,580,495.64

0005, 0016, 0022, 0023, 0024, 0025, & 0027

FUEL OIL BURNER #2 (FS2)

NSN: 9140-00-247-4365

18,528,812.7

0008 FUEL OIL BURNER #1 (FS1)

NSN: 9140-00-247-4366

33,474.54

DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(4) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(5) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(6) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

DETERMINATION OF INVOICE QUANTITY (PC&S)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weigh, using calibrated scales at the receiving location; or

(3) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b. destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference:

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

(3) Weight using calibrated scales at the receiving location.

(4) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.

(5) Receipt tank measurements (as identified in the Schedule).

(B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

(2) F.O.B. ORIGIN. All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Certified loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity tables for the rail tank car.

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(1) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

(1) Every delivery must be free of all water bottoms prior to discharge; and

(2) The Contractor is responsible for their removal and disposal.

(b) MEASUREMENT RESTRICTIONS. All methods of measurements described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibration standards. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine and the 2004 version of the standard will be the referee method.

(i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

(ii) For lubricating oils, use Volume XIII, Tables 5D and 6D; Volume XIV, Tables 53D and 54D; or Tables 23D and 24D (2004 version).

(iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

(iv) For chemicals/additives, use Volume III, Table 6C (or Volume IX, Table 54C) or volume correct in accordance with the product specification.

(v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(vi) As an option to (c)(1)(v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(vii) If the original measurement is by weight and quantity is required by U.S. gallons, then--

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII of the adjunct to ASTM D 1250, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees

Fahrenheit.

(2) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which, as a minimum, contains--

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) Due date for next calibration;

(v) Name and signature of the person performing the calibration;

(vi) Traceability to master meter/prover used for calibration; and

(vii) Calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter recordings and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of tank shell correction factor is not required unless its use is a customary practice for custody transfer.

TABLE F1.09-2A

CONVERSION FACTOR TABLE

Density @ 15°C Gallons @ 60°F to Liters @ 15°C, Multiply by

Liters @ 15°C to Gallons @ 60°F, Multiply by

0.723 – 0.768 3.78286 0.264350

0.769 – 0.779 3.78309 0.264334

0.780 – 0.798 3.78334 0.264317

0.799 – 0.859 3.78356 0.264301

0.860 – 0.964

3.78381

0.264284

0.965 – 1.074

3.78405

0.264267

(d) SHIPPING DOCUMENTATION. The following information shall be mechanically annotated on the contractor’s shipping document (such as a truck’s metered ticket) when the document is used to determine quantity under this contract: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured.. The following exceptions apply:

(1) Where government documents are the sole basis for payment, such as DD Form 250/250-1s, the information is not required.

(2) Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

(3) Where volume correction for temperature is not required in accordance with Paragraph (a)(1)(iii)(B) above, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

(e) RIGHT TO REPRESENTATIVE. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

(f) DISCREPANCIES . For f.o.b. destination deliveries utilizing volume corrected loading rack meter tickets to determine quantity:

(1) The quantities shown on the shipping document (volume corrected loading rack meter tickets) will be accepted as the quantity received, provided that any differences between that quantity and the Government’s receipt tank measurement at destination does not exceed one half of one percent (0.5%) of the amount on the shipping document.. If the difference is greater than one half of one percent (0.5%), the quantity determined by the Government using receipt tank measurements at destination will be used for acceptance and payment provided receipt tank measurements are identified in the Schedule as an approved quantity determination method for that line item. Quantity measurements using the methods specified in section (a)(1)(iii)(A) (1-3) above will be used for acceptance and payment regardless of any discrepancy with a loading rack meter ticket.

(2) If, the Government’s receipt tank quantity measurement varies by more than one half of one percent (0.5%) from the Contractor’s quantity measurement, the parties may conduct a joint investigation) of the variation in order to identify the cause of the discrepancy. Any quantity discrepancy that cannot be settled by the parties and results in a dispute shall be resolved under the Disputes provisions of the contract.

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

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence when the discharge hose is connected to the receiving line at the delivery point and will end when discharge is completed. The Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required.

(1) Free time for unloading a transport truck or truck and trailer (includes one hour minimum plus any additional time):

(2) Rate for detention beyond free time: __________________________________________________________.

The above will not be considered in the evaluation of offers for award except that a free time of less than one hour may render an offer unacceptable. Notwithstanding the above, the Government is entitled to at least as much free time as is allowed by the common carrier or that the Contractor normally allows its regular commercial customers, whichever is greater. Free time only applies to single-drop deliveries (it is not applicable to multiple-drop tank truck/truck and trailer deliveries or any tank wagon deliveries).

(b) Notwithstanding the above, the Government will not pay more in detention rates than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Detention costs will be the sole responsibility of the activity incurring them and are only allowable on single drop deliveries (they are not allowable on multiple drop tank truck/truck and trailer deliveries or any tank wagon deliveries. Invoices for detention costs will be submitted by the Contractor directly to the activity receiving the product. These provisions are applicable to DLA-owned/capitalized as well as non-DLA-owned/noncapitalized products.

(c) UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2) ABOVE, FREE TIME WILL BE

CONSIDERED UNLIMITED AND DETENTION COSTS WILL NOT BE CHARGEABLE.

NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)

(a) In the performance of this contract, the Contractor agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Substitution of a new transportation company is subject to review by the Contracting Officer for use under this contract.

(b) If the Contractor changes transporters after award, the Contractor shall provide the Contracting Officer with the following information on alternative or new transportation company(ies) being utilized in the transportation of supplies under this contract.

Name, Address, and Phone Number State(s) in which transporter of Transportation Company is authorized to operate

SHIPMENT AND ROUTING (OVERSEAS)

(a) The Contractor shall make shipments of the supplies ordered hereunder by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule.

(b) On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; PROVIDED, however, that the Contractor shall, without additional cost to the Government, arrange marshalling of rail tank cars required for shipments to be made hereunder. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that the Contractor finds unsatisfactory for loading shall be reported as follows:

(1) TANKERS, SHALLOW DRAFT TANKERS, AND BARGES. Report to the Quality Representative (QR).

(2) TANK CARS. Report to the QR.

(3) TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS. Report to the QR.

(c) If the supplies are to be delivered f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant--

(1) The Contractor shall ship the supplies under Government bills of lading, which will be furnished, or arranged for, by the Ordering Officer. If requested by the Government, the Contractor shall prepare Government bills of lading.

(2) The Contractor shall comply with routing instructions furnished by the Government. Such instructions will include carrier names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailers, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling.

(d) On all tank car and boxcar (carload only) shipments, whether delivery is made on an f.o.b. origin or f.o.b. destination basis, the Contractor shall send to the consignee at the time of shipment a facsimile or electronic mail notice which shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities.

(e) The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, shallow draft tankers, and barges, whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents.

DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) Quality Assurance Representative (QAR) is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services.

(b) Ordering Officer means whichever of the following or their designated representatives is applicable: (1) the Commander, DLA

Energy; (2) the Commander, Defense General Supply Center; (3) the Commander, U.S. Army Petroleum Center; (4) the Commanding Officer, U.S.

Navy Petroleum Office; (5) the Director of Air Force Aerospace Fuels; (6) the Chief of the Air Force Aerospace Fuels Office; (7) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (8) the Commanding Officer or the Master of the vessel to be bunkered; (9) any Government Contractor furnishing evidence of authority to order under this contract; (10) the head of any Federal Government agency; (11) the pilot, the flight commander, the aircraft commander or the crew chief of the U.S. designated aircraft authorized to place orders against into-plane contracts; (12) the Contracting Officer; (13) the individual in charge of ordering coal at the receiving Government activity; (14) the driver of a Federal vehicle or boat, or the pilot of a Federal aircraft authorized to place orders under a service station contract; (15) the Navy Fleet Commanders; (16) the Defense Attaché .

(c) The acronym TK means tanker, B means barge, TC means tank car, T means truck, TT means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline, and MSS means Marine Service Station. The acronyms or terms TT or transport truck and TTR or truck and trailer mean tank truck equipment, whereas the acronym or term T or truck means truck equipment for hauling drummed or packaged supplies. The acronym SW means supplier's works, CFD means Contractor-furnished drum, and GFD means Government-furnished drum.

(d) Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(e) Acceptance means the act of an authorized Representative of the Government by which the Government, for itself, or as an agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract. For f.o.b. origin delivery acceptance occurs when the Government QAR signs the Material Inspection and Receiving Report (DD Form 250 series document). For f.o.b.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .