Attachment_A_FINAL_Mexico_Synopsis_-_Solicitation.pdf

SYNOPSIS/SOLICITATION

Issue Date 28 Mar 2018

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

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

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

SUBJECT: 91 – Diesel Fuel (DF2)

SOLICITATION NUMBER: SPE605-18-R-0214

OFFEROR RESPONSE DUE: 27 April 2018

POINTS OF CONTACT: Gladys Abreu Gladys.Abreu@dla.mil, 703-767-7632, Contract Specialist Tonya Sterling, Tonya.Sterling@dla.mil, 703-767-9561, Contracting Officer

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

DF2 – Diesel Fuel NSN: 9140-00-286-5294. Requirements are as follows:

SEE ATTACHMENT: LINE ITEM NARRATIVES

mailto:Gladys.Abreu@dla.mil mailto:Tonya.Sterling@dla.mil

SPECIAL INSTRUCTIONS

A. Solicitation Number SPE605-18-R-0214 is issued as a Request for Proposal (RFP).

B. This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. The NAICS code is 324110 and the size standard is 1,500 employees.

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

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

D. CLOSING DATE: April 27, 2018; 3:00 PM, EASTERN TIME.

Offerors written proposals should be submitted in English and U.S. Dollars per Gallon, and signed by an authorized company official. Proposals must be received by 3:00 PM, Local Time, Ft. Belvoir, VA, USA on 27 April 2018. Offers may be submitted via facsimile or electronic mail. Please submit your proposal via e-mail, to DLAEnergy-FEPBA@dla.mil, and please copy to Gladys.Abreu@dla.mil, and Tonya.Sterling@dla.mil.

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

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

https://amps.dla.mil

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

Please utilize the link above and/or the attached documents titled “Request for Role Guide” and “PCS OET Vendor Guide” for assistance in acquiring access to AMPS and the PC&S OET application. If you experience trouble registering and additional assistance is needed please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

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

G. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition. Offerors are advised to include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with their offer. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition. The clauses incorporated by reference as a result of the inclusion of FAR 52.212-5 are as follows:

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

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

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

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

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

• 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

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

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil

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

3332)

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

The Government contemplates award of a Requirements Type, Fixed Price with Economic Price Adjustment contract resulting from this solicitation. In accordance with B-0002:B19.02, Economic Price Adjustment – Overseas, the prices will escalate/de-escalate cent for cent or any fraction thereof with the changes in the referenced postings in Platts Publication.

The base reference date will be 19 Jan 2018.

• For DF2 items, the posting to be used will be Platts Los Angeles pipeline ULS (EPA) Diesel, see Special Notes. Base

Reference Price (01/19/18): $2.03410.

Prices will escalate/de-escalate daily, Monday-Friday. All offerors are responsible for submitting an offer in accordance with the appropriate importation regulations, taxes, duties, subsidies and other regulations of the Mexican government.

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] NOTICE OF WORLDWIDE WEB SOLICITATION ISSUANCE COVER SHEET

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

[X] C-QUALITY ASSUREANCE PROVISIONS ATTACHMENT B

[X] E-QUALITY ASSUREANCE PROVISIONS ATTACHMENT C

[X] AMPS REQUEST FOR ROLE GUIDE ATTACHMENT D

[X] PCS OET VENDOR GUIDE ATTACHMENT E

[X] LINE ITEM NARRATIVES ATTACHMENT F

SECTION B: SUPPLIES OR SERVICES PRICE COST

CONTRACT

PROVISION NUMBER

CONTRACT PROVISION TITLE PAGE

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

B-0001 B1.05 Supplies to be Furnished (Overseas PC&S) (PORTS Internet Application) (JAN 2012)

B-0002 B19.02 Economic Price Adjustment (Overseas) (JAN 2012) 15 FAR 52.216-21 Requirements (OCT 1995) 17

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 Assist Database of Specifications (DEC 2014) See Attachment C-QAPs C-0002 C16.18-2 Fuel Oil, Diesel (OVERSEAS) (FEB 2017) See Attachment C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246.2 Inspection of Supplies – Fixed Price (AUG 1996) 20

DFARS 252.246-7000 Material Inspection and Receiving Report (MAR 2008) 21

E-0001

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

E-0002

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

E-0003

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

E-0004

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

See Attachment E-QAPs

E-0005 E35 Non-conforming Supplies and Services (DEC 2011)

E-0006

E37 Source Restriction and Source Inspection (PC&S)

(DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 Variation of Quantity (APR 1984) 22

FAR 52.247-34 F.O.B Destination (NOV 1991) 22

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

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

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

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

(APR 2005)

F-0005 F-4 Delivery and Ordering Periods (DLA Energy, JUN 2002) 27

F-0006 F30.01 Ordering and Paying Officers (Overseas PC&S)(DLA Energy, APR 1998)

F-0007 F51 Shipment and Routing (Overseas) (DLA Energy, NOV 2005) 27

SECTION G: CONTRACT ADMINISTRACTION DATA

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

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

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

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

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

DFARS 252.204-7004 Alternate A, System for Award Management (FEB 2014) 34

DFARS 252.204-7004 Oral Attestation of Security Responsibilities (Nov 2001) 34

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

G-0004 G150.7-2 Submission of Invoices for Payment (Overseas PC&S) (DLA Energy, JAN 2012)

SECTION I: CONTRACT CLAUSES

CLAUSE PROVISION

NUMBER

FAR 52.203-3 Gratuities (APR 1984) 41

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

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

(OCT 2010)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) 44

FAR 52.204-7 Central Contractor Registration (Alternate I) (DEC 2012) 46

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Domestic/Overseas/Iraq (PC&S (Ports Internet Application) (Tailored) (DLA Energy, FEB 2012)

FAR 52.215-8 Order of Precedence Uniform Contract Format (OCT 1997) 52

FAR 52.216-18 Ordering (OCT 1995) 52

FAR 52.216-21 Requirements (OCT 1995) 53

FAR 52.219-9 Small Business Subcontracting Plan (JAN 2011) 53

FAR 52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999) 61

FAR 52.222-26 Equal Opportunity (MAR 2007) 62

FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) 64

FAR 52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) 70

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 70

FAR 52.232-17 Interest (OCT 2010) 70

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

(MAY 1999)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 72

FAR 52.242-13 Bankruptcy (JUL 1995) 72

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

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) 72

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

I-0001 I 1.01 Definitions (DLA Energy, JUN 2009) 73

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

I-0003 I2.03 Changes Fixed Price (Deviation) (DLA Energy, JAN 2012) 74

I-0004 I86.06 Delivery Order Limitations (Overseas PC&S) (DLA Energy, AUG 1990)

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

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

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

SECTION K: REPRESENTATION AND CERTIFICATIONS

CONTRACT PROVISION TITLE PAGE

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

FAR 52.209-5 Certification Regarding Responsibility Matters (OCT 2015)

FAR 52.212-3/I Offeror Representation and Certifications Commercial Items (ALT

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

DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (JUN 2010)

K-0001 K15 Release of Prices (DLA Energy, MAR 2009) 95 K-0002 K33.01 Authorized Negotiators (DLA Energy, APR 2007) 95 K-0003 K86 Foreign Taxes (DLA Energy, NOV 2014) 96 K-0004 K150 Wide Area Workflow (DLA Energy, MAY 2014) 96

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CONTRACT PROVISION TITLE PAGE

FAR 52.212-1 Instructions to Offerors- Commercial Items (PC&S) (Tailored) (DLA Energy, FEB 2012)

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

FAR 52.214-34 Submission of Offers in the English Language (APR 1991) 106 FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 106 FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (JAN 2017) 107 FAR 52.216-1 Type of Contract (APR 1984) 110 FAR 52.247-46 Shipping Point(S) Used in Evaluation of F.O.B Origin Offers (APR

1984)

DLAD 52.233-9000 Agency Protest (NOV 2011) 110 L-0001 L1.02 Proposal Acceptance Period (DLA Energy NOV 1991) 111 L-0002 L2.11-3 Facsimile (DLA Energy, NOV 1999) 111 L-0003 L2.11-4 E-mail Proposals (DLA Energy, OCT 2010) 112 L-0004 L54 SITE VISIT (DLA Energy OCT 1992) 112 L-0005 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

CONTRACT PROVISION TITLE PAGE

FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) 114 M-0001 Procurement Note: L08 Use of Past Performance Information

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

M-0002 M55 Conversion Factors (DLA Energy MAR 2007) 115 M-0003 M72 Evaluation of Offers (Exceptions/Deviations) (DLA Energy

APR 1997)

The above contract provisions are incorporated in full text into this solicitation/are in the attached reference contract provision package.

Additional Terms and Conditions:

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

A. LATE OFFERS: Please note that offers must be received by, April 27, 2018, 3:00 PM Eastern Time. 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.

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

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

(JAN 2017). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

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

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

REQUIREMENTS (OCT 1995).

D. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Proposals will be evaluated in accordance with the FAR 15.101-2, Lowest Price Technically Acceptable source selection process. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation.

Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

E. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to DLAD 52.216-9072 ECONOMIC PRICE ADJUSTMENT (PC&S) (NOV 2011) and B-

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

(ETHANOL) (DLA ENERGY JAN 2012). The base reference date is 19 Jan 2018.

Offerors should use the publication listed in the attached escalator spreadsheet as the escalation reference for their offer prices.

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

F. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be date of Award through 31 May 2020. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a three (3) requirement.

G. 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 for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

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

I. 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.

J. DUNS NUMBER: Include your company’s Data Universal Numbering System Number on all Price Data Sheet(s).

K. 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.

L. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE

RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by http://www.energy.dla.mil/ http://www.acquisition.gov/ completing Block 8 and signing and returning one (1) copy of the amendment.

M. All offerors are also required to complete and submit all fillable forms. Offer price(s) should be a unit price per U.S. gallon. Please annotate all applicable taxes/fees included in offer price(s) on the Price Data Sheet or list them by state on a separate sheet of paper and submit with offer.

N. 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.

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

P. POINTS OF CONTACT:

Emergency Situations after Duty Hours

OPERATIONS

CENTER,

CONTINGENCY PLANS AND

OPERATION DIVISION (703) 767-

Information Regarding Solicitation SPE605-18-R-0214:

Points of contact for information regarding this solicitation are:

Gladys Abreu Tonya Sterling Acquisition Specialist Contracting Officer Phone (703) 767-8368 Phone: (703) 767-9561 Email: Gladys.Abreu@dla.mil Email: Tonya.Sterling@dla.mil mailto:Gladys.Abreu@dla.mil mailto:Tonya.Sterling@dla.mil

SPECIAL NOTES::

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

52.212-1(b) TO INCLUDE AT A MINIMUM:

(1) The solicitation number,

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

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

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

(5) Terms of any express warranty,

(6) Price and any discount terms,

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

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

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

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

NOTE 3: TO BE VALID ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-18-R-0214.

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

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

NOTE 6: LATE OFFERS: Please note that offers must be received by 27 April 2018, 3:00 PM Local Time, Fort Belvoir, VA. Any offers received after the above deadline will be deemed “late” and not be considered.

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).

https://www.sam.gov/ https://www.wawf.eb.mil/ https://www.dibbs.bsm.dla.mil/

SOLICITATION PROVISIONS/INTERNAL PROVISIONS

Section B: Supplies or Services Price Cost

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

(a) Warranties: The Contractor warrants that—

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

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

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

(1) Base price means—

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

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

(2) Base reference price means the reference price for an item as published on 19 JAN 2018. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

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

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commences loading.

(B) F.o.b. destination: The date and time vessel commences discharging.

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

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

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

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

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

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

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

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

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

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

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

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

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

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

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

B-0001 B1.05.2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION)

(DLA ENERGY JAN 2012)

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

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION contract provision.

(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.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED

QUANTITY

(-70) Diesel Fuel #2 (DF2) 51,200 USG

NSN: 9130-01-286-5294

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

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ ] (i) The low price published in __________________. (name of publication)

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

[ X ] (iii) The established price posted by PLATTS and published in PLATTS 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 provision until the increase has been verified by the Contracting Officer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) TABLE.

I II III IV V VI VII

Item No.

(listed items)

Name of company/publication (identify by number from (c)(2)above)

If company-name of product; If publication heading under which reference price is published and name of product

Location where reference price is applicable

Method of delivery applicable to the reference price

Reference price as of 05/01/2017 (exclude all taxes)

Maximum price payable under this contract(includes and tax included in the award price)

(-70) Platts See Below Mexico See Narrative 2.4024 See INT B19.02 Paragraph F

FAR 52.216-21 -- Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2020.

Special Notes (Mexico PCS):

1. Escalation (Price adjustments): Items awarded under this solicitation will escalate daily Monday-Friday, based on the published prices listed in the Platts publication identified above. The base reference date for all line items offered under this solicitation is 01/19/2018.

2. The Diesel Fuel base reference price, rounded to the 4th decimal place, for the above identified items is derived from Platts Publication. The Base Reference Price for all Diesel (-70) items is $2.0341/gl.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

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

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

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

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

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

(e)

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

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

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

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise…