Final_Solicitation_Clauses.pdf

i

INFORMATION FOR ALL OFFERORS

SPECIAL NOTE: DLA Energy requires that all offerors submitting proposal packages under the subject solicitation must be registered under the System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow (WAWF) at https://www.wawfeb.mil, DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil and myInvoice at https://myinvoice.csd.disa.mil.

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

A. The fuel requirements issued under this solicitation are for a three years and six month (3.5) period. The contract period for all requirements issued under this solicitation is Date of Award through 30 September 2022. All offerors are required to provide written acknowledgement at the time of submission of the initial offer that the offer prices provided are accurate; 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 SP0605-18-R-0201.

B. All contracts awarded as result of this solicitation will be Requirements Type, Fixed Price with Economic Price Adjustment.

C. All offerors are required to complete the Offeror Submission Package (OSP) in its entirety. Clauses that require “fill-in” are included in the OSP with DLA Energy Clause B1.05, Supplies To Be Furnished (DLA Energy Jan 2012).

D. The closing date for receipt of offers under solicitation SP0605-18-R-0201is 21 December 2017, 3:00 PM (Eastern Time – ET). Pursuant to FAR Clause 52.212-1 Instructions to Offerors -- Commercial Items (Jul 2013), any proposal package received after the closing date for receipt of offers will be deemed “late” and may be determined ineligible for consideration of a contract award by the Contracting Officer. Offerors are also reminded that while the Government can award contracts without discussions, it reserves the right to conduct discussions as determined by the Contracting Officer. If the Contracting Officer determines that discussions are necessary, the Government will then evaluate offers and award a contract after conducting discussions with all responsible offerors.

E. Any contract award(s) made to an offeror that is suspended, debarred or deemed otherwise ineligible for receipt of a contract award from a Government agency, or in receipt of a “Notice of Proposed Debarment” from any Government agency is voidable at the option of the Government.

F. Pursuant to FAR Clause 52.214-34 Submission of Offers in the English Language (Apr 1991) all offers submitted in response to this solicitation must be in English. Offers received in other than the English language will not be considered for contract award by DLA Energy.

G. Pursuant to FAR 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) all proposed prices for requirements issued under this solicitation must be in U.S. Dollars. Offer prices not submitted in U.S. Dollars will not be considered for contract award by DLA Energy.

H. Proposed prices should reflect pricing based on U.S. Gallons (USG). Offer prices not based on U.S. Gallons (USG) will not be considered for award.

I. All offerors must provide written acknowledgement of all amendments to this solicitation by signing and returning Page 1 (only) of all amendments issued under the subject solicitation.

J. Please indicate which lines items will need a minimum order quantity placed in order to make delivery. Include what the lead times are for delivery.

Information For All Offerors (cont.)

K. Point(s) of Contact: For clarification of any issues resulting from this solicitation, please contact Fredrick Sturdivant , Acquisition Specialist at 703-767-9530 (phone), 703-767-8506 (fax), Fredrick.Sturdivant@dla.mil https://www.sam.gov/ https://www.wawfeb.mil/ https://www.dibbs.bsm.dla.mil/ https://myinvoice.csd.disa.mil/ mailto:Fredrick.Sturdivant@dla.mil ii

Tonya A. Sterling, Acquisition Specialist at 703-767-9561 (phone), 703-767-8506 (fax), Tonya.Sterling@dla.mil Jastar Singh, Division Chief at 703-767-9509 (phone), 703-767-8506 (fax), Jastar.Singh@dla.mil

L. Commercial and Government Entity (CAGE CODE) Reporting: All offerors are required to provide a CAGE CODE number and Data Universal Numbering System (DUNS) Number in Block 17A of Standard Form (SF) 1449. Offerors that do not know their CAGE and/or DUNS numbers may contact the contract specialist (s) of record for further assistance. Offerors that have not been assigned a CAGE Code and/or DUNS Number should insert the word “None” in the appropriate block.

M. All offerors are required to include any applicable taxes and/or fees into the offer price. Offerors are reminded that all proposed per gallon offer prices submitted must include all fees, levies etc. that are applicable to the U.S. Government.

Vendors must provide substantiating official documentation from the local government indicating that the U.S. Government is not exempt from payment of the specified levy, fee etc.

N. All offerors are required to provide:

1. Certificates of Analysis (COA) from their suppliers to demonstrate that they possess the technical capability to provide fuel meeting the existing fuel specifications as set forth under the solicitation. DLA Energy reserves the right to request Pre-Award Surveys when deemed appropriate.

2. Transportation agreements with any and all trucking companies.

3. Supplier commitment letters to provide fuel during the length of the contract cycle.

O. All offerors are strongly encouraged to carefully review all requirements and visit any locations prior to submitting an offer under this solicitation in accordance with DLA Energy Clause L54 Site Visit (DLA Energy Oct 1992).

mailto:Tonya.Sterling@dla.mil mailto:Jastar.Singh@dla.mil iii

Table of Contents

SECTION B SUPPLIES OR SERVICES AND PRICE COST

CLAUSE TITLE PAGE

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)

(ALASKA/HAWAII)(DLA ENERGY JAN 2012) 2 /

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (JAN 2012) 2 / OSP -2

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C16.08-13 TURBINE FUEL AVIATION THERMALLY STABLE

(JPTS) (DLA-E AUG 2016). See Attachment B C-0002 C16.15 130 (GRADES 80100LL) (OCT 2014) See Attachment B C-0003 C16.18-2 DF2 (OVERSEAS) (FEB 2016) See Attachment B C-0004 C16.64-1 JP8 (BULK PCS) (JAN 2016) See Attachment B C-0005 C16.69-1 MUR (PCS) (DEC 2016) See Attachment B

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246.2

INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) 5

DFARS 252-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) 6

DLAD 52.246-9029 POINT OF ACCEPTANCE (DLAD) (APRIL 2010) 6

E-0002

E1.21 CONTRACTOR INSPECTION ESPONSIBILITIES (JET A/A-

1) (BULK/PC&S) (DLA ENERGY FEB 2014) See Attachment C

E-0003 E12 (JUL 2015) POINT OF ACCEPTANCE See Attachment C E-0004 E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) See Attachment C

E-0005

E21.01 SUPPLEMENTAL INSPECTION (OVERSEAS) (DLA

ENERGY APR 2010) See Attachment C

E-0006

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY DEC 2011) See Attachment C

E-0007

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA

ENERGY DEC 2011) See Attachment C

E-0008

E37 SOURCE RESTRICTION AND SOURCE INSPECTION

(PC&S)(DLA ENERGY DEC 2011) See Attachment C iv

Table Of Contents (cont.)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16

VARIATION OF QUANTITY (DLA ENERGY APR 1984) 7

F-0001

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS,

TRUCKS AND TRAILERS AND TANK WAGONS (DLA ENERGY

JAN 2012) 7

F-0002

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA

ENERGY JAN 2012) 8

F-0003

F1.13 DETERMINATION OF QUANTITY (PC&S)

(GERMANY/BENELUX) (DLA ENERGY JUL 1993) 10

F-0004

F1.27-3 DETERMINATION OF QUANTITY FOR RAILCAR

DELIVERY (PC&S) (GERMANY) (DLA ENERGY JAN 2012) 10

F-0005

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE

TIME AND DETENTION RATES (PC&S)

(DLA ENERGY AUG 2005) OSP-6

F-0006

F3.03 NOTIFICATIONS OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (DLA ENERGY APR 2005) OSP-6

F-0007

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA

ENERGY (APR 2014) 11

F-0008

F4 DELIVERY AND ORDERINGING PERIODS (DLA ENERGY JUN

2002) 11

F-0009

F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S)

(DLA ENERGY APR 1998) 12

F-0010

ORDERING INSTRUCTIONS (GERMANY)(DLA ENERGY NOV

2005) 12

F-0011

F51 SHIPMENT AND ROUTING (OVERSEAS PC&S) (DLA

ENERGY NOV 2005) 12

v

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) 13

FAR 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR

AWARD MANAGEMENT (JUL. 2013) 13 / OSP-7

FAR 52.232-34

PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN

SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 14 / OSP-8

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT

DFARS 252.204-7004

ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB

2014) 17

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENACE 16

FAR 52.232-38

SUBMISSION OF ELECTRONIC FUNDS TRANSFER

INFORMATION WITH OFFER (JUL 2013) 17

G-0001

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG

1998) 18

G-0002

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(DLA ENERGY DEC 1999) OSP -10

G-0004

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –

FEDERA RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY

JAN 2012)(OVERSEAS BANKS ONLY) OSP-11

G-0005

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS -

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) USE

THIS FORM FOR U.S. BASED BANKS ONLY OSP-12

G-0006

G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT

(OVERSEAS PC&S) (DLA ENERGY JAN 2012) 18

vi

Table of Contents (cont.)

SECTION I: CONTRACT CLAUSES

FAR 52.203-3

GRATUITIES (APR 1984) IBR

FAR 52.203-6

RESTRICTIONS ON SUB-CONTRACTOR SALES TO THE

GOVERNMENT (SEPT 2006) IBR

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET

APPLICATION) (TAILORED) (DLA ENERGY) (JAN 2017) 20

FAR 52.212-5/I/II

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS(DEVIATION 2013-O0019) (JAN 2017) 23

FAR 52.216-18

ORDERING (OCT 1995)

FAR 52.216-21

REQUIREMENTS (OCT 1995)

FAR 52.223-5

POLLUTION PREVENTION AND RIGHT TO KNOW

INFORMATION (MAY 2011) 28

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 28

FAR 52.232-17 INTEREST (MAY 2014) 29

DFAR 52.233-9001

DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (DEC 2016) 29

DLAD L06 L06 Agency Protests (DEC 2016) IBR

DFARS 252.204-7012

SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING. (OCT 2016) 29

FAR 52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004) 32

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

I-0001

I1.20-2 CLAUSES AND PROVISIONS INCORPORATED BY

REFERENCE (PC&S) (DLA ENERGY JAN 2012) 33

I-0002

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE

– COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 33

I-0003

I86.06 DELIVERY- ORDER LIMITATIONS (OVERSEAS PC&S)

(DLA ENERGY AUG 1990) 33

I-0004

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL

PREVENTION (DLA ENERGY FEB 2009) 34

I-0005

I190.06 MATERIAL SAFETY DATA SHEETS—COMMERCIAL

ITEMS (DLA ENERGY APR 2006) 34

I-0006

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0007

I209.18 OPTION TO EXTEND THE TERM OF THE CONTRACT

(DLA ENERGY JAN 2012) 34

vii

Table of Contents (cont.)

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.209-5

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015) OSP-14

FAR 52.212-3/I/II

OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JAN 2017) (ALTS I/II) (JAN 2017) OSP-15

DFARS 252.209-7001

DISCLOSURE OF OWNERSHIP CONTROL BY THE

GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) OSP-24

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014) OSP-25

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (DEC 2016) OSP-25

K-0001

K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

OSP-27

K-0002

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY AP 2007)

OSP-28

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014) OSP-28

K-0004 K150 WIDE AREA WORKFLOW (DLA ENERGY AUG 2012) OSP-28

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.212-1

INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN

2017) 35 / OSP-47

FAR 52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991) 37

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S CURRENCY (APR 1991) 37

FAR 52.215-5 FACSIMILE PROPOSAL (OCT 1997) 37

DFARS 252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012) 37

DFARS 252.232-7006

WIDE AREA WORK FLOW PAYMENT INSTRUCTIONS (MAY

2013) 38

L-0001

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

L-0002

L54 SITE VISIT (DLA ENERGY OCT 1992)

L0003

L84 SUBMISSION OF OFFERS IN EUROS (DLA ENERGY APR

2003) 39

L-0004

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE

UTILIZED IN DELIVERY OF PRODUCT (PC&S) (DLA ENERGY

(JAN 2012) OSP-33

viii

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2

OFFEROR REPRESENTATIONS AND CERTIFICATIONS --

COMMERCIAL ITEMS (JAN 2017) 40 / OSP-33

M-0002

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(DLA ENERGY APR 1997) 40

M-0003 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 41 / OSP-34

DLAD 15.407-90 REVERSE AUCTION (OCT 2016)

DLAD L09

DLAD L09 REVERSE AUCTION (OCT 2016)

The above contract provisions are incorporated in full text or reference into this Solicitation and Offeror Submission Packages. In addition, supplemental DLA provisions are located within the solicitation, or are incorporated by reference.

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] NOTICE OF WORLDWIDE WEB SOLICITATION ISSUANCE COVER SHEET

[X] LINE ITEM NARRATIVES SEE SCHEDULE ATTACHMENT

[X] C QAP’s ATTACHMENT A [X] E QAP’s ATTACHMENT B

[X] PCS OET VENDOR GUIDE ATTACHMENT C

[X] OET ROLE REQUEST ATTACHMENT D

[X] AMPS SNAP SHOTS ATTACHMENT E

[X] OFFEROR SUBMISSION PACKAGE SEE OSP ATTACHMENT

[X] PRICE DATA SHEET ATTACHMENT A IN OSP

i

SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR #69232302

PAGE 1 OF

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE D

See Block 31C

4. ORDER NUMBER

5. SOLICITATION NUMBER

SPE600-17-R-0201

6. SOLICITATION ISSUE DATE

21 November 2017

7. FOR SOLICITATION

INFORMATION CALL:

Fredrick Sturdivant (703) 767-9530 Tonya A. Sterling (703) 767-9561 Jastar Sigh (703) 767-9509

a. BUYERS/POC’s Fredrick Sturdivant, Fredrick.Sturdivant@dla.mil Tonya A. Sterling, Tonya.Sterling@dla.mil Jastar Singh, Jastar.Singh@dla.mil

b. TELEPHONE NUMBER (No Collect Calls Please) Phone: (703) 767-9530 Phone: (703) 767-9561 Fax: (703) 767-8506

8. OFFER DUE DATE/ TIME:

21 December 2017, 11:59 PM (Eastern Time - ET)

9. ISSUED BY CODE SPE600 10. THIS ACQUISITION IS

UNRESTRICTED

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS

12.DISCOUNT TER

DLA Energy 8725 John J. Kingman Road, Suite 3938

NAIS: 324110

Size Standard: 1,500

MARKED

SEE SCHEDULE

NET 30

Fort Belvoir, VA 22060-6222 Buyer/Symbol: Lisa L. O’Brien FEP/BA

13a. THIS CONTRACT IS RATED ORDER UND

DPAS (15 CFR 700)

Phone: (703)767-9534 13b. RATING

Email: Fredrick.Sturdivant@dla.mil Germany PCS (1.8M) RFQ IFB RFP

15. DELIVER TO CODE 16 . ADMINISTERED BY CO

SEE SCHEDULE SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY C

TELEPHONE NO. FAX NO:

See Clauses G150.03-1 And G150.07-2

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

OFFER

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

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(See Schedule)

25. ACCOUNTING AND APPROPRIATION DATA to be cited on each Delivery Order 26. TOTAL AWARD AMOUNT (For Govt. Use Only

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

*SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE 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

1 COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIV

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

[ ]29. AWARD OF CONTRACT: REFERENCE _____________ OFFER

DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FOR

HEREIN, IS ACCEPTED AS TO ITEMS. SEE AWARD SHEET

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

TONYA A. STERLING

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED COR

FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTAT 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO

40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYM 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/D 42d. TOTAL CONTA mailto:Tonya.Sterling@dla.mil mailto:Jastar.Singh@dla.mil

SECTION B: SUPPLIES OR SERVICE PRICE COST

B0001 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 text.

(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 __3.5_____-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

Diesel Fuel, 10PPM SULF (SFD), NSN 9140-01-556-9156 9,139,000 Gallons

Fuel Oil, Burner #2 (FS2), NSN 9140-00-247-4365 7,658,000 Gallons

Gasoline, Premium (ULG), NSN 9130-01-527-5763 1,616,000 Gallons

B0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ X ] (i) The low price published in OMR market price weekly currency

(OMR)_________________________________________________________.

(name of publication)

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

(name of publication)

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

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

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

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

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

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

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

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

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts shall not exceed 575 percent of the award price, except as provided hereafter:

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

(2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract 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.

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

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

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

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

(k) TABLE.

I II III IV V VI VII

Item No. Name of If company-name of Location Method of Reference Maximum price (listed company product; If where delivery price as of 9 payable under this Item) publication publication heading reference applicable to Oct.2017 contract (includes From (c) (2) above under which price is the reference (exclude all and tax included reference price is applicable price taxes) in the award price) published and name of product.

*FOR ALL ITEMS, PLEASE SEE NOTATIONS BELOW:

1. The recommended escalators for this program are the average (high) weekly postings as published in the Oil Market Report under the heading “O.M.R. Oil Market Report Weekly Survey. For all (-EG) items, the recommended postings is Premium Unleaded; for all diesel fuel (-DE) items, the recommended posting is Diesel 10ppm; and for all fuel oil #2 (-46) items, the recommended posting is Gasoil.

2.The base reference price for Solicitation SP0605-18-R-0201 are average high weekly posting from the week of October 23,2017-October 27, 2017 as published using the OMR market report Weekly Survey from October 23, 2017 –October 27,,2017. Offer price for all items should be based on the reference OMR postings stated below:

Price Ave Week of 10/23/2017 -10/27/2017 Delivery Week of 10/30/2017 – 11/3/2017

FUEL OIL #2 (FO #2) DIESEL FUEL

TAX: 6.14 TAX: 47.04

WEST 45.16 WEST 89.28

RHINE-MAIN 45.7 RHINE-MAIN 89.76

SOUTH WEST 45.3 SOUTH WEST 89.18

SOUTH 45.24 SOUTH 89.18

SUM TOTAL: 181.40 SUM TOTAL: 357.40

AVG: 45.35 AVG: 89.35

LESS TAXES: 39.21 LESS TAXES: 42.31

OMR PRICE IN

EU/L: 0.3921

OMR PRICE IN

EU/L: 0.4231

MOGAS

TAX: 65.45

OMR REGIONS APPLICABLE:

WEST 105.78

RHINE-MAIN 106.12

SOUTH WEST 104.44

SOUTH 104.44

SUM TOTAL: 420.78

AVG: 105.20

LESS TAXES: 39.75

OMR PRICE IN EU/L: 0.3975

SECTION C (Description/Specifications/Statement Of Work)

See Attachment A

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 paragraph (l)(1) or (l)(2) of this clause 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.

(b) 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.

DLAD 52.246-9029 POINT OF ACCEPTANCE (APR 2010)

DLAD 52.246-9029 Inspection and Acceptance Point (Apr 2010)

(a) Inspection and acceptance are:

Inspection Point: [X] Destination [ ] Origin [ ] Elsewhere Acceptance Point: [X] Destination [ ] Origin

*SEE ATTACHMENT B FOR ALL QUALITY CLAUSES

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

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 the total contract quantity.*

F0001 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.

F0002 F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

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

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

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

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

(2) Receiving tank measurements.

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

(ii) DELIVERIES BY RAIL TANK CAR.

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

(1) Calibrated meter on the receiving tank system;

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

(3) Receiving tank measurements.

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

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

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

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

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

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

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

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

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

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

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

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

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

(A) Certified loading rack meter;

(B) Weight, using calibrated scales; or

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

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

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

(1) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

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

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

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

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

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

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

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

(iii)…