Amendment-0007_SF_30.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Please see additional pages for Amendment details.

Section B has been revised. No new offers will be accepted. This Amendment 0007 is only for offerors who submitted before the closing date of December 28, 2017, 09:00 AM local Ft. Belvoir time.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NUMBER

PAGE OF PAGES

1 10 PROJECT NUMBER (If applicable)

ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE SPE605 DLA Energy 8725 John J. Kingman Rd., Suite 4950 Fort Belvoir, VA 22060-6222

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NUMBER

SPE605-18-R-0206

9B. DATED (SEE ITEM 11)

11/29/2017

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE

1. CONTRACT ID CODE

3. EFFECTIVE DATE

02/05/2018

4. REQUISITION/PURCHASE REQUISITION NUMBER

(X)

FACILITY CODE

x

SPE605

The purpose of this Amendment is to make the following changes:

**Note: Section B has been revised. Quantity changes line items. Locations Sector 7.4 MUM and SFD, Q-West SFD and T2 MUM line items are deleted.

SECTION B-SUPPLIES/SERVICES AND PRICE /COSTS

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

2012) IS DELETED IN ITS ENTIRETY AND REPLACED WITH:

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

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

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.

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 N/A-year requirements.

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0001 Midgrade Unleaded Gasoline (MUM) 34,500 $______________ /USG

NSN: 9130-01-272-0983

Delivery Location: Baghdad Diplomatic Support Center (BDSC), Iraq Method of Delivery: Tank truck-TT with pump and meter No partials offeror must quote entire quantity

0002 Midgrade Unleaded Gasoline (MUM) 43,775 $______________/USG

NSN: 9130-01-272-0983

Delivery Location: Bashur Air Base, Iraq Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 5,000 USG fuel tank.

2, 3 and 4 inch adapters are required. Hose must be at least 20 feet long.

No partials offeror must quote entire quantity

0003 Diesel Fuel (SFD) 1,030,000 $______________/USG

NSN: 9140-01-556-9156

Delivery Location: Bashur Air Base, Iraq Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 5,000 USG fuel tank.

2, 3 and 4 inch adapters are required. Hose must be at least 20 feet long.

No partials offeror must quote entire quantity

0004 Turbine Fuel, Aviation (JP8) 4,335,000 $______________/USG

NSN: 9130-01-031-5816

Delivery Location: Q-West, Iraq Method of Delivery: Tank Truck-TT with pump and meter with 2-inch adapter On-site storage: 1x20,000 USG fuel blivet Contractor shall have all necessary equipment to facilitate downloading of fuel into 1x20,000 USG fuel blivet.

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0005 Midgrade Unleaded Gasoline (MUM) 20,600 $______________ /USG

NSN: 9130-01-272-0983

Delivery Location: Q-West, Iraq Method of Delivery: Tank Truck-TT with pump and meter with 2-inch adapter On-site storage: 1x20,000 USG fuel blivet Contractor shall have all necessary equipment to facilitate downloading of fuel into 1x20,000 USG fuel blivet.

0006 Midgrade Unleaded Gasoline (MUM) 8,500 $______________/USG

NSN: 9130-01-272-0983

Delivery Location: H2, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 3,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, the day prior to departure. Convoy is every 4 days with 2 day travel time.

0007 Diesel Fuel (SFD) 1,071,000 $______________/USG

NSN: 9140-01-556-9156

Delivery Location: H2, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0008 Midgrade Unleaded Gasoline (MUM) 595,000 $______________/USG

Delivery Location: K1, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 3,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0009 Diesel Fuel (SFD) 2,295,000 $______________/USG

Delivery Location: K1, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0010 Turbine Fuel, Aviation (JP8) 1,416,250 $______________/USG

NSN: 9130-01-031-5816

Delivery Location: KLZ, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into 4-50,000 USG fuel bladders.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0011 Midgrade Unleaded Gasoline (MUM) 28,325 $______________/USG

Delivery Location: KLZ, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 20,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0012 Diesel Fuel (SFD) 669,500 $______________/USG

Delivery Location: KLZ, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 20,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, No partials offeror must quote entire quantity.

0013 Turbine Fuel, Aviation (JP8) 17,000 $______________/USG

Delivery Location: T2, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 10,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, 0014 Diesel Fuel (SFD) 595,000 $______________/USG

Delivery Location: T2, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, ****If quoting on ITEMS 0015, 0016, and 0017. All three must be quoted. Quotes must be firm-fixed price for storage fees.

0015 Turbine Fuel, Aviation (JP8) 1,000,000 $______________/USG

NSN: 9130-01-031-5816

Delivery Location: Vicinity Central Iraq Central Iraq proximity preferred near Al Asad Contractor Owned Reserve Storage

(In accordance with amplified guidance stated below in special notes)

0016 Diesel Fuel (SFD) 100,000 $______________/USG

NSN: 9140-01-556-9156

Delivery Location: Vicinity Central Iraq Central Iraq proximity preferred near Al Asad Contractor owned Reserved Storage (In accordance with amplified guidance

0017 Midgrade Unleaded Gasoline (MUM)

NSN: 9130-01-272-0983 50,000 $______________/USG

Delivery Location: Vicinity Central Iraq Central Iraq proximity preferred near Al Asad Contractor owned Reserved Storage (In accordance with amplified guidance

0018 Turbine Fuel, Aviation (JP8) 850,000 $______________/USG

Delivery Location: NLZ Method of Delivery: Tank Truck-TT with pump and meter with an adapter. Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Delivery Notes: Vehicles must be staged at Erbil International Airport the day prior to departure. Convoy is every four days with two- day travel time.

Storage capacity: 80,000 USG Tank No Partials offeror must quote entire quantity.

0019 Diesel Fuel (SFD) 850,000 $____________ /USG

Delivery Location: NLZ Method of Delivery: Tank Truck-TT with pump and meter with an adapter. Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Delivery Notes: Vehicles must be staged at Erbil International Airport the day prior to departure and will travel with USG-provided security escort. Convoy is every four days with four day travel time.

Storage capacity: 80,000 USG Tank No partials offeror must quote entire quantity.

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):________________________________________________________________

OFFEROR SIGNATURE: _______________________________________________ DATE: ___________________________

SPECIAL NOTES:

1. All products being procured under this solicitation must be sourced from a minimum of two refineries, one of which must be in Iraq. Multiple refinery sources avert any performance delays as a result of geopolitical shifts, political uprisings, poor weather and road conditions, refinery constraints or any other contingency that would prevent delivery from the primary source of supply.

2. Iraq is a volatile country and there are several routes that are not secure. Security of the ground lock to delivery locations is not guaranteed and is the responsibility of the vendor. If awarded a contract, contractor(s) must submit movement requests through the Prime Minister National Operations Center (PMNOC) and Iraqi Oil Police for approval to travel.

3. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor shall have all necessary equipment to facilitate downloading fuel into storage apparatus for each line item.

4. Contractor shall provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the

DLA Energy Middle East Office at DESC-ME.quality.dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products:

temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

5. Line item numbers 0001-0019 are placeholders and may change upon award.

6. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

7. Offerors note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

8. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

9. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

10. Offerors must submit pricing in unit price/per USG format: Example: ($0.000000/USG)

AMPLIFIED AND CLARIFYING GUIDANCE FOR RESERVE STORAGE

11. The U.S Military required “at ready” quantities of JP8, SFD and MUM in Iraq.

12. Contractor shall maintain approximately 1,000,000 United States (US) Gallons, of JP8, 100,000 US Gallons, of SFD and 50,000 of MUM.

Contractor shall hold fuel in intermediate storage at the Contractor’s facility Vicinity Central Iraq proximity of Al Asad. Contractor shall maintain these levels until, at such time, the US Government states otherwise.

13. Fuel reserved for the US Government shall be mutually exclusive from operational fuel quantities.

14. During the build up to the stated quantities listed in CLINS 15-17, which shall be accomplished within 60 days of contract award, it is permissible to comingle the JP8, SFD and MUM reserve volumes with operational storage volumes.

15. The Defense Logistics Agency (DLA)- Energy will be liable to make remittance , monthly, to Contractor for fuel placed into reserve storage and to invoice only reserved storage fuel in accordance to CLINS 0015, 0016, and 0017.

16. Reserve storage “draw down” will be at the discretion of the U.S. Government (Specific example: Commander DLA Energy Middle East).

“Draw down” will be executed by notification (Email, verbal, or letter) and followed up with a delivery order for each occurrence.

17. Reserve storage fuel shall meet the specifications originally agreed upon (or have since been updated; whichever is the latest).

18. The Contractor shall inform DLA Energy promptly of any actual or potential disruptions in supply that may necessitate delivering of the stated reserve fuel.

19. DLA Energy agrees to order all fuel remaining in the reserve prior to expiration of the current contract, with delivery to take place within 90 days thereafter.

20. In the event of a purchase of fuel from the reserve storage (ref paragraph (i) ) , the remittance price to DLA shall be determined as follows:1.

The price charged for fuel delivered from the reserve storage shall be at a fixed rate in accordance to the date the fuel was purchased for reserve storage.

21. Fuel storage fuel shall be priced on a first in, first out basis, such that the first fuel delivered to the fuel storage shall be the first fuel used to establish the delivered price.

RESERVE FUEL INSPECTION AND INVOICING PROCEDURES

DLA Energy reserves the right to have a representative examine the contractor’s fuel storage facility at any time, with or without notice. This representative will visit the contractor’s storage facility on a monthly basis to confirm the fuel quantity held in the reserve. The storage tanks must be segregated, the inlet and outlet valves locked and sealed with a seal that contains a numerical ID. The exception to this is the buildup period as defined above. All seals shall be written on the product COA/COQ when presented to the Middle East office for review. For invoice purposes, the contractor will invoice based on the actual quantity against the agreed upon price per gallon for CLIN 0015, 0016, and 0017.

All fuel held in reserve storage must meet all contract specifications. In the event that fuel is determined to be off-specification while in the reserve, the Contractor shall have the opportunity to state how it intends to bring the fuel back to specification before it is delivered to the U.S. Government.

However, fuel that cannot be brought back to/on specification prior to delivery in a manner that is acceptable to the U.S. Government shall be removed from the reserve storage and replaced. The U.S. Government shall not pay maintenance fees for fuel that cannot be brought back to specification.

The contractor shall document fuel reserve storage procedures in its Quality Control Plan (QCP) and submit the QCP for Government approval.

TITLE AND RISK OF LOSS

Title to the reserve fuel and risk of loss thereof, remains with the Contractor while it is in reserve. Delivery of reserve fuel to the U.S. Government shall be FOB Destination and title and risk of loss shall transfer to the Government when the fuel passes through the U.S. Government designated receipt meter into the U.S. Government’s bladder, tank, or tank truck. In the event that the contractor delivers reserve fuel via tank truck, versus pipeline, DLA Energy will use one of the quantity determination methods listed in Contract Provision F1.09-8 to determine invoice quantity. Title and risk of loss or damage to the supplies provided under all line items under this contract shall remain with the Contractor until the Contractor completes download of product at the final delivery destination. The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents, or subcontractors. The Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors.

2) Page 13, B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) HAS

BEEN DELETED IN ITS ENTIRETY AND REPLACED WITH:

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_____________________________.

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

(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 posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract 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 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.

http://www.platts.com/ http://www.desc.dla.mil/

(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/ If company - Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 1 Nov 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) p rice .

0001 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0002 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0003 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

GULF MONTHLY

(GASOIL 10ppm)

0004 PLATTS JP8 FOB ARAB CARGO $1.589569 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0005 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0006 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0007 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0008 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

GULF MONTHLY

(95 RON UNL)

0009 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

(GASOIL 10 PPM)

0010 PLATTS JP8 FOB ARAB CARGO $1.589569 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0011 PLATTS MUM FOB ARAB CARGO $1.616213 See Paragraph (f) above

(95 RON UNL)

0012 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

(GASOIL 10PPM)

0013 PLATTS JP8 FOB ARAB CARGO $1.589569 See Paragraph (f) above

(JET KERO)

0014 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

(GASOIL 10PPM)

0015 NO ESCALATOR FFP JP8

0016 NO ESCALTOR FFP SFD

0017 NO ESCALTOR FFP MUM

0018 PLATTS JP8 FOB ARAB CARGO $1.589569 See Paragraph (f) above

(JET KERO)

0019 PLATTS SFD FOB ARAB CARGO $1.615737 See Paragraph (f) above

(GASOIL 10PPM)

****NO ESCALATOR FOR LINE ITEMS 0015-0017 SINCE PRICING WILL BE FIRM FIXED PRICE

3) Page 41, DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) A.

The CLIN Reference shall be used when submitting payment requests in WAWF.

CLIN Location ID

Admin and Issue

By DoDAAC

DLA funded (invoice DLA via

WAWF) with Payment Office

NSN

WAWF

Unit of

Measure Code

Inspection and Acceptance Point

Inspection and

Acceptance DoDAACs

0001 W91NQGIRAQ SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0002 CDFBASHUAB SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0003 CDFBASHUAB SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0004 CDWQWEST SPE605 SL4701 9130-01-031-5816 UG6 F SJ0629

0005 CDWQWEST SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0006 HASAKAHH2 SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0007 HASAKAHH2 SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0008 CDWKOBANTF SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0009 CDWKOBANTF SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0010 CDWKLZ SPE605 SL4701 9130-01-031-5816 UG6 F SJ0629

0011 CDWKLZ SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0012 CDWKLZ SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0013 HASAKAHT2 SPE605 SL4701 9130-01-031-5816 UG6 F SJ0629

0014 HASAKAHT2 SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0015 NO LOCATION SPE605 SL4701 9130-01-031-5816 UG6 F SJ0629

0016 NO LOCATION SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629

0017 NO LOCATION SPE605 SL4701 9130-01-272-0983 UG6 D SJ0629

0018 CDWH4 SPE605 SL4701 9130-01-031-5816 UG6 F SJ0629

0019 CDWH4 SPE605 SL4701 9140-01-556-9156 UG6 D SJ0629