RFP_SPE60518R0210.pdf

SPE605-18-R-0210

COG 2 – MECHANICSBURG & TOBYHANNA, PA

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR PART 12 (ACQUISITION OF COMERCIAL ITEMS) and FAR PART 13.5 (SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS). This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

(i) Solicitation Number SPE605-18-R-0210 is issued as a Request for Proposal (RFP).

(ii) Multiple Offerors maybe awarded line items. The resulting award action will be a modification to an existing Requirements Type Contract or the award of a new Requirements Type Contract.

(iii) All line items included herein will be awarded to the Lowest Price Technically Acceptable proposal.

(iv) OFFERS SHALL BE SUBMITTED BY EMAIL TO: sabrina.holland@dla.mil or james.clough@dla.mil . Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offeror’s proposals shall be prepared in two separate volumes and provided as shown below:

Volume Required Documents I a. Attachment I – Offeror’s Submission Package

b. Written Acknowledgment (refer to Note 3)

c. Commitment Letter

d. Transportation Agreement

II a. Specification Sheets

Your offer must be received in DLA Energy-FEPCA by 3:00 p.m. Local Time, Fort Belvoir, Virginia on March 16, 2018. Facsimile proposals are not authorized. Do not return the entire solicitation package.

Simply complete and return one original of the Attachment I - Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

For Verification of Receipt: Contact Sabrina.holland@dla.mil or (703)767-9510

(v) 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. The point of contact for Small Business Affairs is Mr. Greg Thevenin, telephone (703) 767-9465.

(vi) The description, quantities, location, delivery hours, equipment, etc. required for this solicitation are listed under B-0001 - B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA

ENERGY JAN 2012).

CLOSING DATE: March 16, 2018; 3:00 PM, Local Time, Fort Belvoir, Virginia.

(vii) Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

mailto:sabrina.holland@dla.mil mailto:james.clough@dla.mil mailto:Sabrina.holland@dla.mil

(viii) TAX AND FEE INFORMATION: YOU MUST INCLUDE ALL APPLICABLE TAXES IN

YOUR OFFERED PRICE. THIS INCLUDES ALL FEDERAL EXCISE TAXES, STATE AND

LOCAL, ENIVRONMENTAL, OIL SPILL TAXES, INSPECTION FEES AND ANY OTHER

APPLICABLE TAXES, UNLESS AN EXEMPTION APPLIES. THIS NOTICE SUPERCEDES

ANY OTHER INFORMATION IN THIS SOLICITATION, INCLUDING THE FOLLOWING

CLAUSES.

Applicability of various Federal, State, and Local taxes are governed by the following provisions:

• I-0005 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) (DLA ENERGY

JAN 2011)

• I-0006 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM

CONTRACT PRICE (DLA ENERGY JUL 2006)

• I-0007 I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

(ix) LATE OFFERS: Please note that offers must be received by, March 16, 2018, 3:00 PM Local Time, Fort Belvoir, Virginia. Any offer received after 3:00 PM will be considered “late” and may be determined unacceptable. Offeror(s) assume all risk for any delay in the transmission of their proposals.

Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 Instructions to Offerors.

(x) AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014), Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

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

(OCT 1995).

(xii) EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Proposals will be evaluated in accordance with Lowest Price Technically Acceptable selection process. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award.

Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

(xiii) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to DLAD 52.216-9073 ECONOMIC PRICE ADJUSTMENT (PC&S) (NOV 2011) and B-0002 B19.27-3

ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN

2012). The base reference date is 1 January 2018. Offerors should use the publication listed for each line item schedule as the escalation reference for their offer prices.

(xiv) After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday) in accordance with solicitation provision DLAD 52.216-9073 Economic Price Adjustment (PC&S) (NOV 2011) based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices daily under “Vendor Resources/Price Adjustments” on the DLA Energy homepage at http.www.energy.dla.mil.

(xv) ESCALATORS: The escalator identified on each line item within the schedule shall be the only escalator accepted for pricing evaluation. Any proposal for an alternate escalator shall not be accepted.

(xvi) ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through March 31, 2021. Quantities stated in the SCHEDULE represent the Government’s best estimates covering the requirement.

(xvii) PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of Clause (FAR 52.212-1), INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S), Offerors agree to honor prices indicated in their Offeror Submission Packages for 160 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(xviii) SYSTEM FOR AWARD MANAGEMENT (SAM): FAR registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (Alternates I/II)(MAR 2015/OCT 2014) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM) system. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

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

(xix) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

(xx) DUNS NUMBER: Include your company’s Data Universal Numbering System Number in Block 17 on the SF1449 of your Offeror Submission Package.

NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD

WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE

GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

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

(xxii) All offerors are also required to complete and submit all forms provided in the Offeror Submission Package (OSP).

(xxiii) DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities. Certificates of Analysis may be required upon request and/or when a Pre-Award Survey is requested.

(xxiv) All provisions and clauses referenced will be incorporated with any offer received.

POINTS OF CONTACT:

Emergency Situations after Duty Hours:

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Solicitation SPE605-18-R-0210 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

ADDITIONAL NOTES:

NOTE 1: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL PACKAGES UNDER THE

SUBJECT SOLICITATION MUST BE REGISTERED in the System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow (WAWF) at https://www.wawf.eb.mil (which includes myInvoice) and DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil PRIOR TO BEING ACCEPTABLE BY THE DEADLINE FOR

DATE AND TIME OFFERS ARE SUBMITTED.

mailto:Sabrina.Holland@dla.mil mailto:James.Clough@dla.mil

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

1(b) TO INCLUDE AT A MINIMUM:

(1) The solicitation number,

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

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

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

(5) Terms of any express warranty,

(6) Price submitted through PC&S OET with any taxes included indicated

(7) Any discount terms,

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

(9) 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),

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

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

NOTE 3: TO BE VALID ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-18-R-0210.

NOTE 4: All Offerors are REQUIRED TO FURNISH COPIES OF SPECIFICATION SHEETS FOR

ALL TYPES OF FUEL OFFERED AND COMMITMENT LETER FOR QUANTITY OF

FUEL AND TRANSPORTATION AGREEMENTS WITH YOUR OFFER, IF NOT

PROVIDED YOUR OFFER WILL BE DETERMINED UNACCEPTABLE. As part of the evaluation process, supplier and transportation agreements must be submitted with your offer in order for it to be considered for award. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production and quality assurance capabilities. Therefore, this information is necessary to determine if secondary pre-award surveys will be required based on offeror’s supplier’s location.

NOTE 5: LATE OFFERS: Please note that offers must be received by March 16, 2018, 3:00 PM Local

Time, Fort Belvoir, Virginia. Any offers received after the above deadline will be deemed “late” and will not be considered.

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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

B-0002 B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012) .. 13

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

C-0002 C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014)

C-0003 C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

E-0001 E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E-0002 E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

E-0003 E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

E-0004 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

E-0005 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0006 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011 )

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

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

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

F-0008 F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA

ENERGY OCT 1992)

SECTION G - CONTRACT ADMINISTRATION DATA

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 2007) 36

G-0004 G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN 2012) DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

PROVISION/CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 DEFINITIONS (NOV 2013)

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

TRANSACTIONS (SEPT 2007)

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

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

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

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

COMMERCIAL ITEMS (NOV 2017)

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

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.232-11 EXTRAS (APR 1984)

FAR 52.232-17 INTEREST (MAY 2014)

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

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

ALTERNATE I (DEC 1991)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

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

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

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

DFARS 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)

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

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) DLAD 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) 79

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

I-0005 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION)

I-0006 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL 2006)

I-0007 I28.03-2 TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

I-0008 I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012)

I-0009 I174.06 MANUFACTURING AND FILLING POINTS (UNRESTRICTED) (SDB PEA) (DLA ENERGY JAN 2012) ... 83 I-0010 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) I-0011 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

I-0012 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J – LIST OF ATTACHMENTS

ATTACHMENT I OFFEROR SUBMISSION PACKAGE

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

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

ALTERNATE I (OCT 2014)

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) ALTERNATE I (SEPT 2015)

ALTERNATE I (SEP 2015)

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

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

DFARS 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)

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

K-0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

DFARS 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

FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014)

FAR 52.215-9023 REVERSE AUCTION (OCT 2013)

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

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

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG 2) contract provision for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

ITEM NSN/PRODUCT DELIVERY POINT DELIVERY MODE QUANTITY

(USG)

0001 9140-015416760

(DSS)

MECHANICSBURG PA TANK WAGON 1,500,000

0002 9140-015245174

(DS1)

TOBYHANNA, PA TANK WAGON 200,000

0003 9140-015416760

(DSS)

TOBYHANNA, PA TANK WAGON 200,000

Item: 0001 Quantity: 1,500,000 UG6 Escalator: ODHRSB2UR-OPIS DAILY HARRISBURG PA NO2 UR Base-Ref: 02/01/2018 Base-Price: $2.1589

NSN: 9140-015416760 (DSS), DIESEL FUEL

Delivery Identification: N32414685 - MECHANICSBURG Delivery Address: 5450 CARLISLE PIKE MECHANICSBURG PA 17055

Period of Performance: Date of Award through April 30, 2021

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY N32414 N40085

DELIVERY MODE: TANK WAGON

No. of Tanks Capacity Type Tank Location

1 1000 TANKS LOC AT BLDG 904B

1 10000 TANKS

1 2000 TANKS

2 2000 TANKS LOC AT BLDG 904A

6 275 TANKS (1 / 275 gallon tank located at Bldg 307)

1 300 TANKS (BLDG 2)

4 3000 TANKS LOC AT BLDG 904

1 500 TANKS

13 5000 TANKS (1 / 5,000 gallon tank located at Bldg 9)

3 550 TANKS

3 6000 TANKS

Delivery Mode Notes: W/PUMP 35 OF HOSE KAMVALOK OPW 1711D NOZ AND 3 COUPLER

W/OPW 1711D NOZZLE & 3 COUPLER

Delivery Hours: 0700 - 1700 MONDAY THRU FRIDAY

Delivery Notes: THIS ITEM WILL BE USED FOR HEATING PURPOSES ONLY

NOTE: DIESEL FUEL ULTRA-LOW SULFUR SEASONALLY-ADJUSTED CLIMATE OPERABILITYLOW

TEMPERATURE OPERABILITY. For fuel supplied during the months of October through March the low temperature performance of diesel fuel shall be defined by the following property: CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule the c loud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D 975.LOADING

RACK METERED TICKET REQUIRED.CONTRACTOR MUST PROVIDE THE NAME OF PERSON

MAKING DELIVERY TO SPCC SECURITY CO DE 08912. DURING NORMAL DUTY HRS USE MAIN

GATE ACCESS FROM CARLISLE PIKE (US 11). AFTER HRS USE SPORTING HILL GATE.

Special Messages: AUTOMATIC FILL

WC: WAZP7F JO# 1727326A2018

TSW LOC: N32414685

Diesel Fuel #2, ULSD, Red Dye, (DSS) NSN: 9140-01-541-6760 Deliver to: DRMO Buildings, 205, 206 Mechanicsburg, PA

REQUESTOR/CUSTOMER WILL NOTIFY CONTRACTOR 24 HOURS IN ADVANCE FOR DELIVERY,

CANCELLATIONS OR MODIFICATIONS.

+ or - 10% variance in quantity is permitted Prompt payment act subject to the 7 calendar day constructive acceptance period.

NOTE: Any undelivered portion not received at the end of this reporting period is hereby cancelled and funds de-obligated in their entirety.

NOTE: DURING SEVERE WEATHER CONDITIONS OR EMERGENCY SITUATIONS CONTRACTOR

WILL BE REQUIRED TO DELIVER FUEL 24 HRS A DAY 7 DAYS A WEEK AT THE DISCRETION OF

THE ORDERING ACTIVITY.

Item: 0002 Quantity: 200,000 UG6 Escalator: ODSCRN1-OPIS DAILY SCRANTON PA KEROSENE NO1 Base-Ref: 02/01/2018 Base-Price: 2.6650

NSN: 9140-015245174 (DS1), DIESEL FUEL

Delivery Identification: TOBYHANNA - TOBYHANNA, PA Delivery Address: 11 HAP ARNOLD BLVD BLDG 15 TOBYHANNA PA 18466

Period of Performance: Date of Award through April 30, 2021

Service Code Delivery DODAAC Ordering Office DODAAC

DLA SE5A1K SE5A1K

Mode Receipt % Max ParcelMin Parcel FOB Restriction

TANK WAGON

No. of Tanks Capacity Type Tank Location

1 4500 ABOVE GROUND TANK(S) 11 HAP ARNOLD BLVD BLDG 15

Delivery Hours: 0730 1500 MONDAY THRU FRIDAY Delivery Notes: Tank wagon will need meter and hose. Fill hole for the above ground tank is up a 10ft ladder at the rear of the tank. Meter tickets are required. Require: Pump/meter/20ft hose.

Driver will report to the entrance gate for a visitors badge and then to bldg. 123 (fuel station) for escort. Meter ticket is required. Tank wagon with 20ft hose and pump is required as the tank fill is up a 10 ft ladder at the rear of the tank. Tank is above ground. Receiving hours are from 0730 to 1500 hrs.

Item: 0003 Quantity: 200,000 UG6 Escalator: ODSCRN2UR-OPIS DAILY SCRANTON PA NO2 UR Base-Ref: 02/01/2018 Base-Price: 2.1883

NSN: 9140-015416760 (DSS), DIESEL FUEL

Delivery Identification: W25G1V444 - TOBYHANNA, PA Delivery Address: 11 HAP ARNOLD BLVD TOBYHANNA PA 18466

Period of Performance: Date of Award through April 30, 2021

Service Code Delivery DODAAC Ordering Office DODAAC W25G1V W25G1V

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK WAGON

No. of Tanks Capacity Type Tank Location

14 1000 TANKS

1 1100 TANKS

2 1500 TANKS

1 2000 GENERATOR AT BLDG 999

7 2000 TANKS

2 250 TANKS

2 2500 TANKS

5 275 TANKS

2 300 TANKS

1 3000 TANKS

1 4000 TANKS

1 500 TANKS

25 550 TANKS

1 600 TANKS

3 6000 TANKS

1 8000 TANKS

Delivery Mode Notes:

Fuel deliveries to various locations on the depot. Driver will report to the entrance gate for a visitors badge and then to bldg. 15 for escort. Individual delivery tickets are required for each delivery location.

Delivery Hours: 0730 1500 MONDAY THRU FRIDAY Delivery Notes: Tank wagon will need meter and hose.

Meter tickets are required. Required: Pump/meter/20ft hose.

B-0002 B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S)

(ETHANOL) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract provision.

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

(1) Award price means the unit price accepted by the Government for the item of supply identified by the item number.

(2) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract provision. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract provision. The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

(3) Adjusting market price means the market price in affect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date the product is received on a truck-by-truck basis.

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. 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.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to 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 from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above.

However, no notification incorporating an increase in an award price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(8) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of http://www.desc.dla.mil/ the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 375 percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

(i) 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 an appropriate explanation and documentation as required by the Contracting Officer.

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

(d) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and 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 paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract.

(e) 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, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract provision.

(f) 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.

(g) MARKET INDICATOR TABLE.

I II III IV V VI VII

Name of Reference Maximum company/ publication If company - If publication -

Method of delivery price as of payable under this contract

(identify heading under applicable 1 Feb 2018 (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 OPIS DSS OPIS DAILY TANK WAGON $2.158900 See Paragraph (f) above

HARRISBURG, PA

NO2 UR

0002 OPIS DS1 OPIS DAILY TANK WAGON $2.665000 See Paragraph (f) above

SCRANTON, PA

KEROSENE NO1

0003 OPIS DSS OPIS DAILY TANK WAGON $2.188300 See Paragraph (f) above

SCRANTON, PA

NO2 UR

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

C-0002 C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014)

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery.

This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. 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. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

a) DIESEL FUEL Product shall conform to commercial specification ASTM D 975. In accordance with this specification, product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown below.

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

DLA

ENERGY

PRODUCT

CODE

MAXIMUM

SULFUR

CONTENT

RED

DYE

9140-01-524-5174 Grade Number 1-D S15

(ULSD)

DS1 0.0015 wt% No

(i) ADDITIVES.

(A) A fuel stabilizer additive conforming to MIL-S-53021, latest revision, may be blended into the fuel to improve the suitability of fuel for long term storage. Permissible additive concentrations are specified in the latest revision of QPL-53021.

(B) A corrosion inhibitor/lubricity improver additive may be blended into the fuel to inhibit corrosion and improve fuel lubricity. Permissible additive concentration limits are specified in the latest revision of QPL 25017.

(C) A fuel system icing inhibitor may be blended into the fuel to purge small quantities of water from the fuel and prevent the formulation of ice crystals. The additive concentration shall not exceed 0.15 volume percent when tested in accordance with ASTM D 5006.

(ii) BLENDING. Blending one grade of diesel fuel with another grade, or other compatible components, to produce a different grade or a variation within a grade is permitted.

However, such blending shall be accomplished by mechanical mixing or agitation in a tank, or in-line blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the desired fuel.

(iii) LOW TEMPERATURE OPERABILITY. The low temperature performance of diesel fuel shall be defined by the following property:

(iv) CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D 975. Within Alaska for activities where fuel support is limited to April-September, for example "JUN/JUL", "MAY 15 - JUN 15", "DURING SUMMER MONTHS", etc, and fuel will be used year-round in support of continuing operations, the cloud point shall be equal to or lower than the tenth percentile minimum temperature specified in Appendix X5 of ASTM D 975 for the month of January.

(v) DYE. As a means of identification, the Internal Revenue Service (IRS) requires that a red dye, identified as Solvent Red 164 (alky derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel and all nontaxable kerosene used for purposes other than military jet fuel. The definitions of diesel and kerosene are provided in 26 CFR Section 48.4081-1. The minimum concentration is provided in 40 CFR Part 80.

C-0003 C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY OCT 2014)

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery.

This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. 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. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

a) DIESEL FUEL Product shall conform to commercial specification ASTM D 975. In accordance with this specification, product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown below.

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

DLA

ENERGY

PRODUCT

CODE

MAXIMUM

SULFUR

CONTENT

RED

DYE

9140-01-541-6760 Grade Number 2-D S15

(ULSD)

DSS 0.0015 wt% Yes

(i) ADDITIVES.

(A) A fuel stabilizer additive conforming to MIL-S-53021, latest revision, may be blended into the fuel to improve the suitability of fuel for long term storage.

Permissible additive concentrations are specified in the latest revision of QPL-53021.

(B) A corrosion inhibitor/lubricity improver additive may be blended into the fuel to inhibit corrosion and improve fuel lubricity. Permissible additive concentration limits are specified in the latest revision of QPL 25017.

(C) A fuel system icing inhibitor may be blended into the fuel to purge small quantities of water from the fuel and prevent the formulation of ice crystals. The additive concentration shall not exceed 0.15 volume percent when tested in accordance with ASTM D 5006.

(ii) BLENDING. Blending one grade of diesel fuel with another grade, or other compatible components, to produce a different grade or a variation within a grade is permitted.

However, such blending shall be accomplished by mechanical mixing or agitation in a tank, or in-line blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the desired fuel.

(iii) LOW TEMPERATURE OPERABILITY. The low temperature performance of diesel fuel shall be defined by the following property:

(iv) CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X5 of ASTM D 975. Within Alaska for activities where fuel support is limited to April-September, for example "JUN/JUL", "MAY 15 - JUN 15", "DURING SUMMER MONTHS", etc, and fuel will be used year-round in support of continuing operations, the cloud point shall be equal to or lower than the tenth percentile minimum temperature specified in Appendix X5 of ASTM D 975 for the month of January.

(v) DYE. As a means of identification, the Internal Revenue Service (IRS) requires that a red dye, identified as Solvent Red 164 (alky derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel and all nontaxable kerosene used for purposes other than military jet fuel. The definitions of diesel and kerosene are provided in 26 CFR Section 48.4081-1. The minimum concentration is provided in 40 CFR Part 80.

SECTION D - PACKAGING AND MARKING

NOT APPLICABLE

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…