Final_Puerto_Rico_13.5_SPE605-18-Q-0204_Synopsis_-_Solicitation.pdf

SYNOPSIS/SOLICITATION

Issue Date May 18, 2018

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

CLASSCOD: 91 – Fuels, Lubricants, Oils, and Waxes

OFFADD: Defense Logistics Agency Energy, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, VA 22060-6222

SUBJECT: 91 – Diesel Fuel (DS2)

SOLICITATION NUMBER: SPE605-18-Q-0204

OFFEROR RESPONSE DUE: June 4, 2018

POINTS OF CONTACT: Matt Womer, Matthew.Womer@dla.mil, 571-767-9543, Contract Specialist Bryon Garner, Bryon.Garner@dla.mil 571-767-0008, Contracting Specialist

DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 13.5, as supplemented by additional information included in this notice.

DS2 – Diesel Fuel NSN: 9140-01-524-0139 Requirements are as follows:

SEE ATTACHMENT: LINE ITEM NARRATIVES

ITEM PRODUCT TOTAL ESTIMATED UNIT PRICE (USD/USG)

QTY (USG)

0001 DS2* 225,000 USG $_______________(USD/USG)

* ULSD, #2 GRADE (DS2)

NSN: 9140-01-524-0139

PERIOD OF PERFORMANCE: DATE OF AWARD – NOVEMBER 30, 2018

DELIVERY LOCATION: GUAJATACA DAM IN ISABELA, PUERTO RICO

DELIVERY MODE: TANK WAGON

DELIVER INTO THE FOLLOWING: TWO (8) ABOVE GROUND 500-GALLON TANKS

DELIVERY HOURS: MONDANY – SUNDAY 0900-1400

DELIVERY NOTES: METERED DELIVERY TICKETS REQUIRED.

0002 DS2* 1,204,500 USG $_______________(USD/USG)

* ULSD, #2 GRADE (DS2)

NSN: 9140-01-524-0139

PERIOD OF PERFORMANCE: DATE OF AWARD – JUNE 30, 2021

DELIVERY LOCATION: ROTHR PR TX SITE, ROAD 200, VIEQUES ISLAND PR 00765

DELIVERY MODE: TANK TRUCK

DELIVER INTO GENERATORS.

GENERATORS CAPACITIES ARE 1,000 USG EACH

DELIVERY HOURS: MONDANY – FRIDAY 0800-1400

mailto:Matthew.Womer@dla.mil mailto:Bryon.Garner@dla.mil

ITEM PRODUCT TOTAL ESTIMATED $____________(USD/MONTH)

0003 Storage No less than 18,000 USG

*Storage

PERIOD OF PERFORMANCE: DATE OF AWARD – JUNE 30, 2021

DELIVERY LOCATION: ROTHR PR TX SITE, ROAD 200, VIEQUES ISLAND PR 00765

DELIVERY MODE: TANK TRUCK

DELIVERY HOURS: MONDANY – FRIDAY 0800-1400

SPECIAL NOTES: NO LESS THAN 18,000 GALLONS OF STORAGE IS NEEDED.

4 GENERATORS WILL NEED TO BE CONNECTED TO PROVIDE STORAGE TANKS.

SPECIAL INSTRUCTIONS

A. SPE605-18-Q-0204 is issued as a Request for Quotation (RFQ); Items 0002 & 0003 will be awarded all-or-none.

B. This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. The NAICS code is 324110 and the size standard is 1500 employees.

C. The description, quantities, location, delivery hours, equipment, etc. required for this solicitation are listed under B-

0001 - B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY FEB 2012).

CLOSING DATE: 4 June, 2018; 12:00 PM, EASTERN TIME. Offerors written proposals should be submitted in English and U.S. Dollars per Gallon, and signed by an authorized company official. Quotations must be received by 12:00 PM, Local Time, Ft. Belvoir, VA, USA on 4 June, 2017. Offers may be submitted via facsimile or electronic mail. If submitting your proposal via fax, please send it to the attention of Matthew Womer/DLA Energy-PLB/ /DLA Energy-FEPB Fax # 703-767-8506. If submitting your proposal via e-mail, please send it to DLAEnergy-FEPBB@dla.mil, and please copy to Matthew.Womer@dla.mil, and B@dla.mil.

D. PROPOSAL SUBMISSION: Offeror(s) shall submit proposals and offer prices for all of the line items listed above in the Post Camps and Stations (PC&S) Offeror Entry Tool (OET). PC&S OET is an external web application that allows prospective Posts, Camps & Stations ground fuel vendors to securely bid on a DLA-Energy fuel Solicitation.

Offeror must register in the PCS OET application in order to submit proposals. In order to have system access to PCS OET, offerors must request the applicable user roles at:

https://amps.dla.mil

Once the registration is processed via AMPS, a DLA Energy HelpDesk ticket will be created to establish a unique User Name and Password for access to PCS OET. You will be notified by email once your authorization request has been processed and then use this information to log on to register in the PCS OET application.

Please utilize the link above and/or the attached documents titled “Request for Role Guide” and “PCS OET Vendor Guide” for assistance in acquiring access to AMPS and the PC&S OET application. If you experience trouble registering and 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.

E. After the registration process is completed the offeror will be able to log onto the application and select a solicitation to bid on. The offeror will then select the applicable line items and enter offer prices for each line item. The offeror will then submit its bid package on the PCS OET website along with its offer prices.

F. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition. Offerors are https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil advised to include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with their offer. This is included in the Offeror Submission Package. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

The clauses incorporated by reference as a result of the inclusion of FAR 52.212-5 are as follows:

• 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note)

• 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (OCT 2015) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items)

• 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513)

• 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (JUL 2013) (31 U.S.C. 3332).

• 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (JUL 2013) (31 U.S.C.

3332)

The provision at FAR 52.212-2, Evaluation – Commercial Items is not applicable to this acquisition. Award will be made using the lowest price responsible offeror award strategy method.

The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment contract resulting from this solicitation. In accordance with B-0002:B19.02, Economic Price Adjustment – Overseas, the prices will escalate/de-escalate cent for cent or any fraction thereof with the changes in the referenced postings in Ecopetrol Colombia Government Report. The base reference date will be 1 May 2018.

• For DS2 items, the posting to be used will be PLATTS PREV WEEK AVG USGC SPOT WB ULSD Publication, see

Special Notes. Base Reference Price (05/1/18): $2.107120

For Diesel postings, prices will be based on the previous five days in effect, ending the last day of the week (Friday). Prices will escalate/de-escalate weekly, every Monday. All offerors are responsible for submitting an offer in accordance with the appropriate importation regulations, taxes, duties, subsidies and other regulations of the government of Colombia.

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] NOTICE OF WORLDWIDE WEB SOLICITATION ISSUANCE COVER SHEET

[X] SF 1449, SOLICITATION/ORDER OF COMMERCIAL ITEMS ATTACHMENT A

[X] OFFEROR SUBMISSION PACKAGE/PRICE DATA SHEET ATTACHMENT B

[X] C-QUALITY ASSUREANCE PROVISIONS ATTACHMENT C

[X] E-QUALITY ASSUREANCE PROVISIONS ATTACHMENT D

SECTION B: SUPPLIES OR SERVICES PRICE COST

CONTRACT

PROVISION NUMBER

CONTRACT PROVISION TITLE PAGE

DLAD 52.216-9072 Economic Price Adjustment – Petroleum Product Price, Post, Camp and Station (PC&S) (NOV 2011)

B-0001 B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA

ENERGY JAN 2012)

14/OSP 2

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C16.69-11 DIESEL FUEL SPECIFICATION (PC&S)

(DLA ENERGY DEC 2016)

See Attachment C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246.2 Inspection of Supplies – Fixed Price (AUG 1996) 15

DFARS 252.246-7000 Material Inspection and Receiving Report (MAR 2008) 16

E-0001

E12 Point of Acceptance (JUL 2015) See Attachment E-QAPs

E-0002

E18.01 Sample Submission (AUG 2009) See Attachment E-QAPs

E-0003 E21.1 Point of Acceptance (JUN 2015) See Attachment E-QAPs E-0004

E22 List of Inspection Offices For DLA Energy Contracts (APR 2016)

See Attachment E-QAPs

E-0005

E35 Non-conforming Supplies and Services (DEC 2011) See Attachment E-QAPs

E-0006

E37 Source Restriction and Source Inspection (PC&S)

(DEC 2011)

See Attachment E-QAPs

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 Variation of Quantity (APR 1984) 17

FAR 52.247-34 F.O.B Destination (NOV 1991) 17

F-0001 F1.01-1 Delivery Conditions for Transport Trucks, Trucks and Trailers, and Tank Wagons (DLA Energy, JAN 2012)

F-0002 F1.09-2 Determination of Invoice Quantity (PC&S) (DLA Energy, JAN 2012)

F-0003 F3 Transport Truck And/or Truck And Trailer Free Time And Detention Rates (PC &S) (DLA Energy, Aug 2005)

21/OSP 6

F-0004 F3.03 Notification of Change in Transportation Company (PC&S)

(APR 2005)

22/OSP 6

F-0005 F-4 Delivery and Ordering Periods (DLA Energy, JUN 2002) 22

SECTION G: CONTRACT ADMINISTRACTION DATA

FAR 52.204-6 Data Universal Numbering System (DUNS) Number (DEC 2012) 22

FAR 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013)

23/OSP 7

FAR 52. 232-34 Payment by Electronic Funds Transfer--Other Than System for Award Management (Jul 2013)

24/OSP 8

FAR 52.232-38 Submission of Electronic Funds Transfer Information With Offer (Jul 2013)

FAR 52.204-7 System for Award Management (Oct 2016)

DFARS 252.204-7004 Alternate A, System for Award Management (FEB 2014) 27

DFARS 252.204-7004 Oral Attestation of Security Responsibilities (Nov 2001) 28

G-0001 G3 Invoice Numbering Requirements (DLA Energy, AUG 1998) 28 G-0002 G9.06 Address to Which Remittance Should be Mailed (DLA

Energy, DEC 1999)

29/OSP 10

G-0003 G9.07-5 Electric Transfer of Funds Payments- Federal Reserve Wire Transfer System (DLA Energy, JAN 2012)

30/OSP 11

G-0004 G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC

PC&S) (DLA ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES

CLAUSE PROVISION

NUMBER

FAR 52.203-3 Gratuities (APR 1984) 33

FAR 52.203-6 Restriction on Sub-Contractors Sales to the Government (SEPT 2006)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) 37

FAR 52.204-7 System For Award Management (2016) 39

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (2017) 40

FAR 52.215-8 Order of Precedence Uniform Contract Format (OCT 1997) 45

FAR 52.216-18 Ordering (OCT 1995) 45

FAR 52.216-21 Requirements (OCT 1995) 45

FAR 52.219-9 Small Business Subcontracting Plan (JAN 2011) 46

FAR 52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999) 54

FAR 52.222-26 Equal Opportunity (MAR 2007) 54

FAR 52.222-50 Combating Trafficking in Persons (MAR 2015) 57

FAR 52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) 63

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 63

FAR 52.232-17 Interest (MAY 2014) 63

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds

(JUL 2013)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 65

FAR 52.242-13 Bankruptcy (JUL 1995) 65

FAR 52.247-16 Contractor Responsibility for Returning Undelivered Freight (APR 1984)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) 65

DLAD 52.233-9001 Disputes, Agreement to Use Alternative Alternate Resolution (DEC 2016)

I-0001 I 1.01 Definitions (DLA Energy, JUN 2009) 66

I-0002 I11.01-2 Administrative Cost of Termination for Cause – Commercial Items (DLA Energy, FEB 1996)

I-0003 I2.03 Changes Fixed Price (Deviation) (DLA Energy, JAN 2012) 67

I-0004 I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA

ENERGY JAN 2012)

I-0005 I186 Protection of Government Property and Spill Prevention (DLA Energy, FEB 2009)

I-0006 I190.06 Material Safety Data Sheets- Commercial Items (DLA Energy, APR 2006)

I-0007 I209.09 EXTENSION PROVISIONS (JAN 2012)

SECTION K: REPRESENTATION AND CERTIFICATIONS

CONTRACT PROVISION TITLE PAGE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

FAR 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) 69/OSP 12 FAR 52.212-3/I Offeror Representation and Certifications Commercial Items (ALT

I/)(DEC 2012/APR 2011/JAN 2012)

70/OSP 13

K-0001 K15 Release of Prices (DLA Energy, MAR 2009) 87/OSP 39 K-0002 K33.01 Authorized Negotiators (DLA Energy,, APR 2007) 87/OSP 40 K-0003 K150 Wide Area Workflow (DLA Energy, MAY 2014) 87/OSP 41

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CONTRACT PROVISION TITLE PAGE

FAR 52.212-1 Instructions to Offerors- Commercial Items (PC&S) (Tailored) (DLA Energy, JAN 2017)

88/OSP 42

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017)

FAR 52.214-34 Submission of Offers in the English Language (APR 1991) 98 FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 98 FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (JAN 2017) 98 FAR 52.216-1 Type of Contract (APR 1984) 101 FAR 52.247-46 Shipping Point(S) Used in Evaluation of F.O.B Origin Offers (APR

1984)

DLAD 52.233-9000 Agency Protest (NOV 2011) 102 L-0001 L1.02 Proposal Acceptance Period (DLA Energy NOV 1991) 102 L-0002 L2.11-3 Facsimile (DLA Energy, NOV 1999) 102 L-0003 L2.11-4 E-mail Proposals (DLA Energy, OCT 2010) 103 L-0004 L54 SITE VISIT (DLA Energy OCT 1992) 104 L-0005 L117 Notification of Transportation Company to be Utilized in the

Delivery of Product (PC&S (DLA Energy, JAN 2012)

104/ OSP 43

SECTION M: EVALUATION FACTORS FOR AWARD

CONTRACT PROVISION TITLE PAGE

FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) 105/OSP 44 M-0001 Procurement Note: L08 Use of Past Performance Information

Retrieval System—Statistical Reporting in Past Performance Evaluations (OCT 2016)

M-0002 M55 Conversion Factors (DLA Energy MAR 2007) 106/OSP 45 M-0003 M72 Evaluation of Offers (Exceptions/Deviations) (DLA Energy

APR 1997)

The above contract provisions are incorporated in full text into this solicitation/are in the attached reference contract provision package. Contract provisions marked (OSP) are contained in the Offeror Submission Package

ADDITIONAL TERMS AND CONDITIONS:

In addition to the terms and conditions noted above and in the clauses incorporated by reference, the following terms and conditions shall also be included in any resultant contract:

A. LATE OFFERS: Please note that offers must be received by, 4 June, 2018, 12:00 PM Eastern Time. Any offer received after 12:00 PM will be considered “late” and may be determined unacceptable. Offeror(s) assume all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 Instructions to Offerors.

B. AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S)

(JAN 2017). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, 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 negotiations 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.

C. CONTRACT TYPE: The fuel requirements issued under this solicitation are for a three

(3) year period. Contracts awarded as a result of this solicitation will be REQUIREMENTS TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to Clauses FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21

REQUIREMENTS (OCT 1995).

D. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Proposals will be evaluated in accordance with the FAR 15.101-2, Lowest Price Technically Acceptable source selection process. 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 offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

E. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT (PC&S) (NOV 2011). The base reference date is 1 May, 2018. Offerors should use the publication listed in the attached escalator spreadsheet as the escalation reference for their offer prices.

After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday) in accordance with solicitation provision DLAD 52.216- 9072 Economic Price Adjustment (PC&S) (NOV 2011) based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices daily under “Vendor Resources/Price Adjustments” on the DLA Energy homepage at http.www.energy.dla.mil.

F. ORDERING PERIOD FOR GUAJATACA DAM, PUERTO RICO (0001): The ordering period for all contracts awarded under this solicitation will be Date of Award through November 30, 2018. Quantities stated in the SCHEDULE represent the government’s best estimates covering this period.

http://www.energy.dla.mil/

G. ORDERING PERIOD FOR ROTHR PR TX SITE ON VIEQUES ISLAND,

PUERTO RICO (0001 & 0002): The ordering period for all contracts awarded under this solicitation will be Date of Award through June 30, 2021. Quantities stated in the SCHEDULE represent the government’s best estimates covering this period.

H. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of Clause

(FAR 52.212-1), INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S),

Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

I. SYSTEM FOR AWARD MANAGEMENT (SAM): FAR registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (Alternates I) (DEC 2012) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM) system. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828

J. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING:

Please insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

K. DUNS NUMBER: Include your company’s Data Universal Numbering System Number on all Price Data Sheet(s) in your Offeror Submission Package.

L. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE

TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR

RECEIPT OF CONTRACTS WITH THE GOVERNMENT AGENCIES OR IN

RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT

AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

M. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE

RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing Block 8 and signing and returning one (1) copy of the amendment.

N. All offerors are also required to complete and submit all forms provided in the Offeror

Submission Package, OSP. Offer price(s) should be a unit price per U.S. gallon. Please annotate all applicable taxes/fees included in offer price(s) on the Price Data Sheet or list them by state on a separate sheet of paper and submit with offer.

http://www.acquisition.gov/

O. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities.

Certificates of Analysis may be required upon request and/or when a Pre-Award Survey is requested.

P. All provisions and clauses referenced will be incorporated with any offer received.

Q. POINTS OF CONTACT:

Emergency Situations after Duty Hours Operations Center, Contingency Plans and Operations Division (571)767-8420

Information Regarding Solicitation SPE605-18-Q-0204:

Points of contact for information regarding this solicitation are:

Matthew Womer Bryon Garner

Acquisition Specialist Acquisition Specialist Phone (571)767-9543 Phone: (571)767-0008 Email: Matthew.Womer@dla.mil Email: Bryon.Garner@dla.mil

SPECIAL NOTES::

NOTE 1: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL PACKAGES UNDER THE SUBJECT SOLICITATION MUST BE REGISTERED in the System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow (WAWF) at https://www.wawf.eb.mil (which includes myInvoice) and DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil PRIOR TO BEING ACCEPTABLE BY THE DEADLINE FOR DATE AND TIME OFFERS ARE

SUBMITTED).

mailto:Matthew.Womer@dla.mil mailto:Bryon.Garner@dla.mil https://www.sam.gov/ https://www.wawf.eb.mil/ https://www.dibbs.bsm.dla.mil/

NOTE 2: TO BE VALID, ALL OFFERS MUST COMPLY WITH THE INSTRUCTIONS IN 52.212-1(b)

TO INCLUDE AT A MINIMUM:

(1) The solicitation number,

(2) The time specified in the solicitation for receipt of offers,

(3) The name, address, and telephone number of the offeror,

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

(5) Terms of any express warranty,

(6) Price and any discount terms,

(7) Remit to” address, if different than mailing address,

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically),

(9) Return a signed copy of all Solicitation Amendments; and

(10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation on Company Letterhead and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

NOTE 3: TO BE VALID ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-18-Q-0204.

NOTE 4: Any contract awarded to a contractor who at the time of award was suspended, debarred or ineligible for receipt of contracts with the government agencies or in receipt of a proposed debarment from any government agency is voidable at the option of the government.

NOTE 5: All Offerors are required to furnish copies of your supplier and transportation agreements with your offer. As part of the evaluation process, supplier and transportation agreements must be submitted with your offer in order for it to be considered for award. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production and quality assurance capabilities. Therefore, this information is necessary to determine if secondary pre-award surveys will be required based on offeror’s supplier’s location.

NOTE 6: LATE OFFERS: Please note that offers must be received by June 4, 2018, 1:00 PM Local Time, Fort Belvoir, VA. Any offers received after the above deadline will be deemed “late” and not be considered.

SOLICITATION PROVISIONS/INTERNAL PROVISIONS

Section B: Supplies or Services Price Cost

DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST CAMPS &

STATIONS (PC&S) (NOV 2011)

(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 clause;

and

(2) The prices to be invoiced hereunder shall be computed daily in accordance with the provisions of this clause.

(b) Definitions: As used throughout this clause, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on May 1, 2018. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) ) Free on board (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 all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this clause.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil Price Information Service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market condition--he parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder.

The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

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

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375% percent (%) of the of the base price in any applicable program year, except as provided below.

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

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 modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(d) 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 provisions of this clause.

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

(f) Publications. The following publication(s) are used:

CLIN

LOCATION

STATE

PRODUCT

CODE

ESCALATOR NAME

ESCALATOR ID

BASE

REFERENCE

PRICE/DATE:

MAY 1, 2018

0001 GUAJATACA DAM PR DS2 PLATTS PREV WEEK AVG

USGC SPOT WB ULSD

PWGCWBULSD $2.107120

0002 VIEQUES ISLAND PR DS2 PLATTS PREV WEEK AVG

USGC SPOT WB ULSD

PWGCWBULSD $2.107120

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

(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 clause.

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG ____) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Any offers received for less than the full quantity for each line item will be rejected by the Governmet.

ITEM PRODUCT TOTAL ESTIMATED UNIT PRICE (USD/USG)

QTY (USG)

0001 DS2* 225,000 USG $_______________(USD/USG)

* ULSD, #2 GRADE (DS2)

NSN: 9140-01-524-0139

PERIOD OF PERFORMANCE: DATE OF AWARD – NOVEMBER 30, 2018

DELIVERY LOCATION: GUAJATACA DAM IN ISABELA, PUERTO RICO

DELIVERY MODE: TANK WAGON

DELIVER INTO THE FOLLOWING: TWO (8) ABOVE GROUND 500-GALLON TANKS

DELIVERY HOURS: MONDANY – SUNDAY 0900-1400

DELIVERY NOTES: METERED DELIVERY TICKETS REQUIRED.

0002 DS2* 1,204,500 USG $_______________(USD/USG)

* ULSD, #2 GRADE (DS2)

NSN: 9140-01-524-0139

PERIOD OF PERFORMANCE: DATE OF AWARD – JUNE 30, 2021

DELIVERY LOCATION: ROTHR PR TX SITE, ROAD 200, VIEQUES ISLAND PR 00765

DELIVERY MODE: TANK TRUCK

DELIVER INTO GENERATORS.

GENERATORS CAPACITIES ARE 1,000 USG EACH

DELIVERY HOURS: MONDANY – FRIDAY 0800-1400

ITEM PRODUCT TOTAL ESTIMATED $____________(USD/MONTH)

0003 Storage No less than 18,000 USG

*Storage

PERIOD OF PERFORMANCE: DATE OF AWARD – JUNE 30, 2021

DELIVERY LOCATION: ROTHR PR TX SITE, ROAD 200, VIEQUES ISLAND PR 00765

DELIVERY MODE: TANK TRUCK

DELIVERY HOURS: MONDANY – FRIDAY 0800-1400

SPECIAL NOTES: NO LESS THAN 18,000 GALLONS OF STORAGE IS NEEDED.

4 GENERATORS WILL NEED TO BE CONNECTED TO PROVIDE STORAGE TANKS.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246.2 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996)

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

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

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

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

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

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

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

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

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

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

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

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

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

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

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(a) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

SEE ATTACHMENT E-QAPs

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

____10%_____ Percent increase

____10%_____ Percent decrease

This increase or decrease shall apply to _ALL LINE ITEMS.*

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

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK

WAGONS (DLA ENERGY JAN 2012)

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) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) 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) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(4) 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.

(5) 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.

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

(7) 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.

F-0002 F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

(a) QUANTITY. The quantity of…