RFX_SPE60518R0200_Poland.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0070941777

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-18-R-0200

5. SOLICITATION NUMBER

2018 Jan 18

6. SOLICITATION ISSUE

DATE

Sabrina L. Holland

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-9510 2018 Jan 25

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SPE605-18-R-0200

Poland Fuel Support

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation Number SPE605-18-R-0200 is issued as a Request for Proposal (RFP).

(iii) This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-75.

(iv) This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition in accordance with FAR 6.1. The NAICS code is 324110 and the size standard is 1,500 employees. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item it did not manufacture itself, is 500 employees.

(v), (vi) and (vii) Any resultant contract will be a Requirements Type Contract with Economic Price Adjustment with a period of performance from date of award through July 31, 2018. Please refer to Section B for detailed line item information.

These line items SHALL conform to clauses C-0001 / C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE)(MIDDLE EAST) (DLA ENERGY AUG 2017) and C-0002 / C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY JAN 2016) and SFD clause.

Fuel deliveries will need to be coordinated prior to arrival. Under any resultant contract and before, the first delivery, the contractor shall provide each drivers name, Government issued ID and work documentation. All delivery trucks must be equipped with pump and have SERIALLY NUMBERED SEALS. Deliveries will be into M969 and two M978 tanker trucks.

Equipment needed for truck-to-truck transfer will be 4-inch female cam lock and at least 10 feet of hose. Fuel deliveries will need to be coordinated prior to arrival. Under any resultant contract and before, the first delivery, the contractor shall provide each drivers name, Government issued ID and work documentation.

(viii) FAR provision 52.212-1, Instruction to Offerors – Commercial Items, applies to this acquisition. ATTACHMENT I contains the offeror submission package which must be completed and sent with the vendor’s quote. All provisions and clauses referenced will be incorporated with offer submission.

(ix) FAR provision 52.212-2, Evaluation –Commercial Items applies to this acquisition. The basis of award will be lowest price responsible offer responding to this solicitation.

(x) FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items applies to this acquisition. The vendor should complete this provision in the System for Award Management (SAM). Please provide the printout from SAM with your quote.

(xi) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition.

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. Additionally, the following clauses are incorporated by reference: 52.203-6, 52.203-13, 52.204-10, 52.209-6, 52.209-9, 52.222-50, 52.223-18, 52.225-13, and 52.232-33.

(xiii) Any exceptions taken will be sent with offer on company letterhead stating the clause/provision/what exception is being taken. By submission of a quote you are stating that all terms and conditions of the entire solicitation are accepted and apply to your quote unless clearly stated herein and in a formal letter on company letterhead. Offerors are advised that offer prices should include all other costs arising from performance of the contract. Therefore, transportation, insurance, and any other contractor-incurred expenses should be included in the quote. Quotes must be submitted in English, U.S. Currency, and unit price per gallon to six decimal places.

Platts USLD FOB NWE Cargo Jet Kero MIDPOINT BIMONTHLY for JP8. The base reference price effective date as of December 1, 2017 is $1.830666 for JP8.

Platts ULSD 10ppmS FOB NWE Cargo MIDPOINT BIMONTHLY for SFD. The base reference price effective date as of December 1, 2017 is $1.765779 for SFD.

Prices will escalate bi-monthly the price will be updated on the 1st of the month based on the average daily prices from the 16th - end of month of the month prior, and 16th of the month based on the average daily prices from the 1st - 15th of the current month.

The rate of exchange for Euro is 0.8470, effective December 01, 2017. This rate will update in accordance with the Bureau of Fiscal Service and can be found here: https://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/currentRates.htm

(xiv) The closing date for receipt of offers is 3:00pm Eastern Standard Time (EST) on January 25, 2018. Responses can be emailed to Sabrina.Holland@dla.mil and James.Clough@dla.mil .

(xv) It is anticipated that awards will be made WITHOUT conducting discussions. Please submit your best and final pricing in response to this solicitation.

(xvi) Points of contact for information regarding this solicitation are:

Sabrina Holland Contract Specialist Phone: 703-767-9510 Email: Sabrina.Holland@dla.mil

James Clough Contracting Officer Phone: 703-767-1884 Email: James.Clough@dla.mil

NOTE 1: TO BE VALID, ALL OFFERS MUST COMPLY WITH THE INSTRUCTIONS IN CLAUSE 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) Acknowledgement of Solicitation Amendments, and (10) 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 2: TO BE VALID, ALL OFFERORS MUST BE REGISTERED ON WWW.SAM.GOV. ALL CERTIFICATIONS

AND REPRESENATIONS SHOULD BE COMPLETED ON WWW.SAM.GOV.

NOTE 3: Pursuant to the North Atlantic Treaty, Apr. 4, 1949, 63 Stat. 2241, 34 U.N.T.S. 243 and the NATO Status of Forces Agreement, Article XI, dated 19 Jun 51 effective 23 Aug 1953, TIAS 2846, 4 UST 1792 all official DoD purchases through a mailto:Sabrina.Holland@dla.mil mailto:James.Clough@dla.mil mailto:Sabrina.Holland@dla.mil mailto:James.Cloughh@dla.mil contractor should be considered exempt from any taxes or customs fees because Poland is a member of NATO. The VAT form and instructions for completion will be given to the awardee at the time of award.

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING ................................. 146SECTION E - INSPECTION AND ACCEPTANCE

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

E-0001 E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

E-0002 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

E-0003 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

E-0004 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013……………………….20

E-0005 E21.01 (JUN 2015) POINT OF INSPECTION ………………………………………………………………25

E-0006 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)….26

E-0007 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)…………………………………..28

E-0008 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)………………………28

E-0009 E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW

(WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA

ENERGY JUL 2014) …………………………………………………………………………………………………………..29

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984)

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

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

F-0004 F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-UP (DLA ENERGY

JAN 2004 ……………………….………………………………………………………………………… …………

F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(PC&S)…………………………………………………………………………

…………………………………………...366 F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005) ……………………………………………………………………… ……………………………………………...36

F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

SECTION G - CONTRACT ADMINISTRATION DATA

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD MANAGEMENT (JUL.

2013).………………………………………………………… ...…………………………………………………………..38 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 39

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA

ENERGY JUL)…………………………………………………………………… ………………………………………42

SECTION H - SPECIAL CONTRACT REQUIREMENTS.. ...………………………………………………………………44

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

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

TRANSACTIONS (SEPT 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) . 444

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017)

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

ORDERS -- COMMERCIAL ITEMS (JAN 2017)

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

52.216-21 REQUIREMENTS (OCT 1995)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (JUL 2013)………………………………………………………………………………………………………………………...61

52.233-1 DISPUTES (MAY 2014), ALT I (DEC 1991)

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.242-13 BANKRUPTCY (JUL 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

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

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

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

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

52.233-9000 AGENCY PROTESTS (NOV 2011)

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016) 52.249-9000 ADMINSTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT ADMINISTRATIVE COSTS

OF REPORCUREMENT AFTER DEFAULT (MAY 1988)

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I-0002 I1.20-2 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (PC&S) (DLA ENERGY JAN 2012) I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996)

I-0004 I2.03 CHANGES - FIXED-PRICE (DEVIATION) (DLA ENERGY JAN 2012)

I-0005 I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

I-0006 I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012)

I-0007 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) I-0008 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006) ... 700

I-0009 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J – LIST OF ATTACHMENTS

ATTACHMENT I OFFEROR SUBMISSION PACKAGE

ATTACHMENT II PROCEDURE AND FORMS REQUIRED FOR THE EXEMPTIONS……….…………………..71

ATTACHMENT III VAT & EXCISE DUTY EXEMPTION CERTIFICATE……… …………………………………71

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016)

ALTERNATE I (OCT 2014)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)…… 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER

ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)……………………

252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)………… ………………………………89

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K45.01 FACSIMILE OR ELECTRONIC INVOICING (DLA ENERGY JAN 2012)

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY

MAY 2014)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (JUL 2013)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

L-0002 L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND

SOCIOECONOMIC PLAN SUBMISSIONS (DLA ENERGY FEB 2015)

L-0003 L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989)

L-0004 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0005 L54 SITE VISIT (DLA ENERGY OCT 1992)

L-0006 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF

PRODUCT (PC&S) (DLA ENERGY JAN 2012)

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, 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 provision.

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

(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 multi-year requirements.

ITEM NSN DELIVERY POINT METHOD QUANTITY

(gallon)

QUANTITY

(liter)

0001 9130-01-031-5816

(JP8)

Bemowo Piskie Training Area (BPTA) Polish Military Base

TT w/PM 200,000 757,082.36

0002 9130-01-031-5816

(JP8)

Swietozow, Poland TT w/PM 200,000 757,082.36

0003 9130-01-031-5816

(JP8)

Torun TT w/PM 240,000 908,498.83

0004 9140-01-556-9156

(SFD)

Swietozow, Poland TT w/PM 300,000 1,135,623.54

Item: 0001 Quantity: 200,000 UG6 Period of Performance: Date of Award-07/31/2018 Escalator: PJFBNWECBI- PL FOB NWE CRGO JK MIDPOINT BIMONTHLY Base-Ref: 12/01/2017 Base-Price: 1.830666 NSN Delivery Identification State

9130-010315816 (JP8) CDXBPTAPMB - BEMOWO PISKIE POL MIL BASE

TURBINE FUEL, AVIATION

Delivery Address: OSRODEK SZKOLENIA IVO ORSYZ 99999

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W58C0G W58C0G

Name Phone

PHILIP GRANT 314-484-6144

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W/PUMP

No. of Tanks Capacity Type Tank Location

4 10000 ABOVE GROUND TANK(S) @ (BPTA) POLISH MILITARY BASE

Delivery Hours: 0700 2000 HRS MONDAY THRU FRIDAY WEEKENDS 0700 1700 HRS

Delivery Notes: W/METER AND A 20 FOOT HOSE

APC H4ID

The requirements listed in this requirements worksheet are for the ongoing training in Atlantic Resolve for the rest of the fiscal year. This will ensure that through all the exercises that all units will have the support needed.

34U EE 70243 54054

Item: 0002 Quantity: 200,000 UG6 Period of Performance: Date of Award-07/31/2018 Escalator: PJFBNWECBI- PL FOB NWE CRGO JK MIDPOINT BIMONTHLY Base-Ref: 12/01/2017 Base-Price: 1.830666 NSN Delivery Identification State

9130-010315816 (JP8) CDXSWIETOZ - SWIETOZOW, POLAND

TURBINE FUEL, AVIATION

Delivery Address: 59 726 SZABOWA 1 SWIETOSZOW 99999

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W58C0G W58C0G

Name Phone

PHILIP D. GRANT 314-484-6144

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W/PUMP

No. of Tanks Capacity Type Tank Location

4 10000 ABOVE GROUND TANK(S) @ 59 726 SZTABOWA 1

Delivery Hours: 0700 2000 HRS MONDAY THRU FRIDAY WEEKENDS 0700 1700 HRS

Delivery Notes: W/ METER AND 20 FOOT HOSE

APC H4ID

The requirements listed in this requirements worksheet are for the ongoing training in Atlantic Resolve for the rest of the fiscal year. This will ensure that through all the exercises that all units will have the support needed.

Item: 0003 Quantity: 240,000 UG6 Period of Performance: Date of Award-07/31/2018 Escalator: PJFBNWECBI- PL FOB NWE CRGO JK MIDPOINT BIMONTHLY Base-Ref: 12/01/2017 Base-Price: 1.830666 NSN Delivery Identification State

9130-010315816 (JP8) CDWTORUNPO - TORUN

TURBINE FUEL, AVIATION

Delivery Address: CMR 425 APO AE 09095

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W58C0G W58C0G

Name Phone

21ST TSC PETROLEUM AND WA 314 484 6144 65

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK W/PUMP

No. of Tanks Capacity Type Tank Location

2 20000 BLADDER(S) OKOLNA 37 41 TORUN

Delivery Mode Notes: Tank with pump and meter Camlock

Delivery Hours: 0800 TO 2000 HOURS MONDAYS THRU FRIDAYS

Delivery Notes: POC 497th CSSB CPT Fonk Amanda amanda.r.fonk.mil@mail.mil +49162095001260 21ST TSC Petroleum and Water Section USARMY Rheinland -Pfalz 21TSC List SG SPO Petro-Water Section 314-484-6144/6597

Delivery Ticket Notes: yes Item: 0004 Quantity: 300,000 UG6 Period of Performance: Date of Award-07/31/2018 Escalator: PBINWEULSD- PLATTS BI MONTHLY ULSD10PPM FOBNWE CARGO Base-Ref: 12/01/2017 Base-Price: 1.765779 NSN Delivery Identification State

9140-015569156 (SFD) CDXSWIETOZ - SWIETOZOW, POLAND

DIESEL FUEL

Delivery Address: 59 726 SZABOWA 1 SWIETOSZOW 59726

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W58C0G W58C0G

Name Phone

PHILIP D. GRANT 314-484-6144

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

2 20000 BLADDER(S) STEADY STATE OPERATIONS

Delivery Hours: 7:00PM - 8:00PM MONDAY THRU SUNDAY

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

Schedule.

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

(3) Date of delivery means--

(I) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the

Table below) is--

[ ] (i) The low price published in .

(name of publication)

[X] (ii) The average of the prices published in PLATTS_OILGRAM .

(name of publication)

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

(name of publication)

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

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

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

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

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

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

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 375 percent of the award price, except as provided hereafter:

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

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

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

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

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

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

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market http://www.desc.dla.mil/ conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

(i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.

(j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(K) TABLE.

I II III IV V VI VII

Name of Reference Maximum company publicati on

If company

- If publication

Method of delivery pric e as of payable under this contract

(identify heading under applicable 1 DEC 2017 (includes any Item No. by number which reference Location where to the (exclude tax included (listed from (c)(2) price is published reference price reference all in the award items) above) and name of product is applicable price taxes) price .

0001 PLATTS JP8 FOB NWE TANK TRUCK $1.830666 See Paragraph (f) above

JET KERO MIDPOINT

BIMONTHLY

0002 PLATTS JP8 FOB NWE TANK TRUCK $1.830666 See Paragraph (f) above

JET KERO MIDPOINT

BIMONTHLY

0003 PLATTS JP8 FOB NWE TANK TRUCK $1.830666 See Paragraph (f) above

JET KERO MIDPOINT

BIMONTHLY

0004 PLATTS SFD FOB NWE TANK TRUCK $1.765779 See Paragraph

(f) above ULSD 10ppmS

CARGO MIDPOINT

BIMONTHLY

Prices will escalate bi-monthly the price will be updated on the 1st of the month based on the average daily prices from the 16th - end of month of the month prior, and 16th of the month based on the average daily prices from the 1st - 15th of the current month.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE)(MIDDLE EAST) (DLA ENERGY

AUG 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT

CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered a nonconforming supply. Product(s) supplied shall fully meet the requirements of the applicable specification(s) as cited below.

Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content, as stated in EN 590, is 10 mg/kg (0.0010 wt%).

ADDITIONAL REQUIREMENTS

(1) FOR LOCATIONS IN KOSOVO:

a. TESTING REQUIREMENTS: The following additional tests shall be performed and results reported:

i. Color: ISO 2049/ASTM D1500

ii. Acid Number: ISO 6618/ASTM D974

b. In addition to the EN 590 specification requirement for water content of 200 mg/kg or ppm (0.0200 wt%) maximum, and particulate content of 24 mg/kg or ppm (0.0024 wt%) maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 degrees Celsius (77°F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg (0.0024 wt%) sediment and no more than 200 mg/kg (0.0200 wt%) water.

c. Diesel during the summer months, May 1st to September 30th, shall comply with Grade A of Table 2 in EN 590.

d. Diesel during winter months, October 1 to April 30th, shall comply with the Class 1 limits set in Table 3 of EN 590.

(2) FOR ALL LOCATIONS:

a. Written exception(s) or deviation(s) must be submitted to DLA Energy contracting officer if the Contractor is unable to meet any of the characteristic requirements of the above listed specification(s). Exception(s) and/or deviation(s) must state the reason why the contractor is unable to meet requirements, if this will be for the entirety of the performance period, if it is source specific, the Contractor’s course of action on how they plan on resolving this issue, and any proposed changes to specification requirement limit(s) for that product.

C-0002 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN

/WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY JAN 2016)

(a) Nomenclature for Aviation Turbine Fuel (JP8) is shown below:

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

DLA ENERGY PRODUCT

CODE

9130-01-031-5816 Turbine Fuel, Aviation JP8

(b) INCIDENTAL CONTAMINANTS. Particulate Matter and Fatty Acid Methyl Ester (FAME) content shall not exceed the limits outlined in Table III of MIL-DTL-83133J dated December 16, 2015.

(c) SPECIFICATION MODIFICATIONS. Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133J modified as follows:

(1) TESTING

(i) FILTRATION TIME (FT) TESTING. For filtration time testing round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes.

(ii) MICROSEPAROMETER (MSEP) RATING LIMITS. (A) Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces fuel system icing inhibitor (FSII), corrosion inhibitor/lubricity improver (CI/LI), and/or static dissipater additive (SDA) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(B) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and antioxidant (AO; AO only if required). The FSII shall be included in this hand blend at a concentration of 0.07 to 0.10 volume percent and the amount of the CI/LI included shall be within the concentration range specified in QPL-25017. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded corresponding to item 750X on the Standardized Report Form (see Attachment _____). This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “*MSEP result is a ‘Report Only’ requirement. Original result of _____________ (fill in actual result) on product containing the following additives: ______________ (fill in combination of additives).”

(iii) WORKMANSHIP. The workmanship criteria in MIL-DTL-83133J, paragraph 3.4, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels, ASTM D4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM D4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL-DTL-83133J, Table III, the workmanship criteria is met. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (70 degrees Fahrenheit) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21 degrees Celsius (70 degrees Fahrenheit).

(2) SPECIAL LOCATION REQUIREMENTS

(i) Rocky Mountain/West. Aviation fuel movement via the Chevron Pipeline (Utah, Idaho, or Washington state entry points) shall be limited to total sulfur content of 0.15 mass percent, maximum.

(ii) Alaska. For fuels refined in Alaska and delivered to Alaska locations, the total Acid number shall be relaxed to 0.020 mg KOH/g maximum.

(d) ADDITIVES. Additives are required for deliveries of JP8 per MIL-DTL-83133J, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement.

(1) The CI/LI additive(s) used shall be of the type and concentration cited in QPL-25017. To locate this information: (1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) QuickSearch website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL-

25017 search result under Document ID, (4) click the "View QPD Data" link under Overview , and (5) click the “MIL-PRF- 25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table.

(2) Metal deactivator additive shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer.

(3) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133J, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

(4) Line injection of additives (FSII, CI/LI and SDA) from shipping tank to delivery conveyance is permitted under the following conditions: (i) A laboratory hand blend containing the required additives and aviation turbine fuel must be tested to verify compliance with the specification.

(ii) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(iii) When FSII is line injected, additive concentration must be verified based on a representative sample from each shipping conveyance.

(iv) When SDA is line injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor is not required to report or verify the conductivity level on a representative sample from the conveyance. This does not relieve the Contractor of the requirement to inject SDA homogeneously and in sufficient quantity to obtain a conductivity level which the Contractor would anticipate to be within the specification limits once the fuel is at equilibrium. The receiving activity will measure the conductivity and advise the Contractor if it does not meet the specification requirements and the Contractor shall adjust the SDA injection quantity accordingly.

(5) SPECIAL LOCATION REQUIREMENTS (AEM ONLY)

(i) For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration as identified in QPL-25017. See paragraph (c)(1) above.

(ii) When antioxidants (AO) are added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported.

(iii) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133J, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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…