RFP_-_SPE60518R0230_-_PP1.6W.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

0075346477 134

SPE605-18-R-0230

Janet Richards / Janet.Richards@dla.mil 571-322-5157

SPE605

SAME AS BLOCK 9

SEE SCHEDULE WITHIN SOLICITATION

324110

DATE

09/12/2018

LOCAL TIME

10/15/2018

3:00 PM

9. ISSUED BY

DLA ENERGY

ATTN: FEPCA ROOM 3928

8725 JOHN J. KINGMAN STE 4950

FORT BELVOIR VA 22060-6222

P.P. 3.22

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

SEE SCHEDULE WITHIN SOLICITATION

SPE605-18-R-0230

PP1.6W – Ukraine

SPECIAL INSTRUCTIONS FOR OFFERORS

a) This RFP is being issued in accordance with FAR Subpart 12.6, Acquisition of Commercial Items, and FAR Part 15, Contracting by Negotiation.

b) 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.

c) Solicitation Number SPE605-18-R-0230 is issued as a Request for Proposal (RFP).

d) The resulting award action will be the award of a fixed-price requirements type contract with economic price adjustment (EPA).

e) All line items included herein will be awarded to the Lowest Priced Technically Acceptable offer on a line-by-line basis.

f) The description, quantities, locations, delivery hours, equipment, etc. required for this solicitation are listed under Solicitation Clause B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS

PC&S)(ALASKA/HAWAII)(DLA ENERGY JAN 2012).

g) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012). The base reference date is 2 July 2018. Offerors should use the publication listed for each line item schedule as the escalation reference for their offer prices.

CLOSING DATE: October 15, 2018, 3:00PM, FORT BELVOIR, VA TIME.

PROPOSAL SUBMISSION: Offers shall be submitted by email to Janet Richards at Janet.Richards@dla.mil and Letitia.Edwards@dla.mil by the closing date and time listed above.

ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be December 1, 2018 through November 30, 2023. Quantities stated in the SCHEDULE represent the government’s best estimates covering this period.

TAX AND FEE INFORMATION: Offerors are hereby notified that the United States is exempt from Ukraine taxes. Offerors shall not include any Ukraine taxes in their offer prices. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. The winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

mailto:Janet.Richards@dla.mil mailto:Letitia.Edwards@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR 52.212-1,

OFFERORS SHALL DO THE FOLLOWING:

1. Offerors must be registered in the following systems:

a. System for Award Management (SAM) at https://www.sam.gov,

b. Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

c. DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE DATE

AND TIME.

2. Offerors shall write/type in their proposed unit prices in Solicitation Clause B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)(ALASKA/HAWAII)(DLA ENERGY JAN 2012). Offer prices shall be expressed as a unit price ($) per U.S. gallon.

3. Offerors shall provide copies of their supplier and transportation agreements with the offer for all fuel types being solicited.

4. Offerors shall provide copies of certificates of analysis or certificates of quality for all fuel types being solicited.

5. Offerors shall submit a completed and signed Standard Form (SF) 1449, “Solicitation/Contract/Order for Commercial Items,” provided herein.

6. Offerors shall submit completed copies of the certifications and representations provided in Section K of the RFP, or affirmatively state in writing that all certifications and representations are electronically available on the System for Award Management website.

7. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation, and accepts that these terms and conditions are applicable to the offer unless exceptions are clearly stated within the offer.

https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

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

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

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS) (DLA ENERGY FEB 2018)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

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)

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA

ENERGY JAN 2012)

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

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

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-UP (DLA ENERGY JAN 2004) F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY

AUG 2005) 38

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

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA ENERGY OCT 1992) 39

SECTION G - CONTRACT ADMINISTRATION DATA

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)

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

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

G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 DEFINITIONS (NOV 2013)

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

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

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

FAR 52.209-10 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS (AUG 2018)

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

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.223-2 -- AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

FAR 52.232-11 EXTRAS (APR 1984)

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)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

FAR 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (DEC 2016)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 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 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

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

DFARS 252.216-7006 ORDERING (MAY 2011)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

DFARS 252.225-7021 TRADE AGREEMENTS (DEC 2017)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED

STATES (JUN 2015)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

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

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009)

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

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J – LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

FAR 52.203-2 -- CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

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

TRANSACTIONS (SEP 2007)

FAR 52.203-18 – PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

FAR 52.209-2 -- PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION

(NOV 2015)

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

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

FAR 52.209-11 – REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (AUG 2018)

ALTERNATE I (OCT 2014)

FAR 52.222-56 – CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A

STATE SPONSOR OF TERRORISM (JAN 2018)

DFARS 252.247-7022 REPRESENTAITON OF EXTENT OF TRANSPORTATION BY SEA. (AUG 1992)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

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 (OCT 2016)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (JAN 2017) . 123

FAR 52.214-34 -- SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE. (APR 1991)

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS. (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER. (OCT 2013)

DLAD 33.103 L06 AGENCY PROTESTS (DEC 2016)

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

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

L54 SITE VISIT (DLA ENERGY OCT 1992)

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)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

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

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

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

2012)

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

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

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements.

LINE

ITEM

NSN /

Product

Description

COUNTRY DELIVERY POINT DELIVERY

MODE

QUANTITY

(gallon)

0001 9130-00-753-5026

JET FUEL,

AVIATION,

(JA1)

Ukraine

Kul’bakino Airfield Military Unit B2137 1 Aerodromna Street Mykolaiv, Ukraine

Tank Truck with Pump and Meter

400,000

0002 9130-00-753-5026

JET FUEL,

AVIATION,

(JA1)

Ukraine

Kul’bakino Airfield Military Unit B2137 1 Aerodromna Street Mykolaiv, Ukraine

Tank Truck with Pump and Meter

400,000

0003 9140-01-313-7776

MARINE GAS

OIL, (MGO)

Ukraine

Military Port of Ochakiv 1 Olviiska Street Ochakiv, Ukraine

Tank Truck with Pump and Meter

125,000

0004 9140-01-313-7776

MARINE GAS

OIL, (MGO)

Ukraine Western Naval Base 20 Baltskaya Road Odessa, Ukraine

Tank Truck with Pump and Meter

1,500,000

ITEM PRODUCT TOTAL ESTIMATED UNIT PRICE PER GALLON

QTY (USG)

0001 JA1 400,000 USG $_________________________

Product: JA1 (JET FUEL, AVIATION) NSN: 9130-007535026

Period of Performance: 12/01/2018-11/30/2023 Escalator: PWFOBMEDJ - PLATTS FOBMED PWA JA1 AAIDL00C Base-Ref: 07/02/2018 Base-Price: 2.102338 NSN Delivery Identification State

9130-007535026 (JA1) N00061MYKU - MILTARY UNIT B2137 MYKOLAI

TURBINE FUEL, AVIATION

Delivery Address: 1 AERODRAMNA STREET MYKOLAIV 99999

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY N00061 N00061

Mode : TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 313430 ABOVE GROUND TANK(S) MILITARY UNIT A4465(SEE NARRATIVE)

Delivery Hours: 0800 - 1800

Delivery Notes: The fuel needs to go to a fuel warehouse (storage) of the Military Unit A4465 that is located at the airfield, basically. The airfield name is Kulbakino, and it's located at the outskirts of the city of Mykolaiv (within the city limits). The address is 1 Aerodromna Street. The UPN Naval Aviation assets share this military airfield with the Air Force (because as of right now the UPN doesn't have its own airfields (they used to have one in Sevastopol). So this airfield is practically in the city, not far from the Mykolaiv Railway Station.

Delivery Ticket Notes: YES, METERED DELIVERY TICKETS REQUIRED

QTY (USG)

0002 JA1 400,000 USG $_________________________

Product: JA1 (JET FUEL, AVIATION) NSN: 9130-007535026 Period of Performance: 12/01/2018-11/30/2023 Escalator: PWFOBMEDJ - PLATTS FOBMED PWA JA1 AAIDL00C Base-Ref: 07/02/2018 Base-Price: 2.102338 NSN Delivery Identification State

9130-007535026 (JA1) CDFKULAIRF - KUL'BAKINO AIRFIELD MILITA

TURBINE FUEL, AVIATION

Delivery Address: 1 Aerodromnaya Street B2137 Mykolaiv 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP5518 FP5518

Mode: TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 100000 ABOVE GROUND TANK(S) KULBAKINO AIRFIELD

Delivery Hours: 0800 1600 MONDAY THRU FRIDAY

QTY (USG)

0003 MGO 125,000 USG $_________________________

Period of Performance: 12/01/2018-11/30/2023 Escalator: PWGSFMDCRG- PLATTS GASOIL 0.1%S FOB MED CARGO PWA Base-Ref: 07/02/2018 Base-Price: 2.061529 NSN Delivery Identification State

9140-013137776 (MGO) N00061MPOU - MILITARY PORT OF OCHAKIV

MARINE GAS OIL

Delivery Address: 1 Olviiska Street Ochakiv 99999

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY N00061 N00061

Mode: TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 49000 ABOVE GROUND TANK(S) MILITARY PORT OF OCHAKIV

Delivery Mode Notes: METERED

Delivery Hours: 0800 - 1800

Delivery Ticket Notes: YES, METERED DELIVERY TICKKETS

ITEM PRODUCT TOTAL ESTIMATED UNIT PRICE PER GALLON

QTY (USG)

0004 MGO 1,500,000 USG $_________________________

Period of Performance: 12/01/2018-11/30/2023 Escalator: PWGSFMDCRG- PLATTS GASOIL 0.1%S FOB MED CARGO PWA Base-Ref: 07/02/2018 Base-Price: 2.061529 NSN Delivery Identification State

9140-013137776 (MGO) N00061NBOD - WESTERN NAVAL BASE

MARINE GAS OIL

Delivery Address: 20 BALTSKAYA RD ODESSA 65042

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY N00061 N00061

Mode: TANK TRUCK W

No. of Tanks Capacity Type Tank Location

1 1500000 ABOVE GROUND TANK(S) WESTERN NAVAL BASE

Delivery Hours: 0800 - 1800 SEE DELIVERY NOTES

Delivery Notes: DELIVERY AT 1300 IS OPTIONAL

Delivery Ticket Notes: YES, METERED DELIVERY TICKETS REQUIRED.

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-

SEE PARAGRAPH K ENTITLED "TABLE" BELOW FOR DETAILS.

(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 - COMMERCIAL 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 575 percent of the award price, except as provided hereafter:

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

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

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

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

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

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

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

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

(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.

CLINS PRODUCT

CODE

ESCALATOR NAME ESCALATOR

ID

July 2, 2018

BASE

REFERENCE PRICE

CONVERSION

RATE

0001 - 0002 JA1 PLATTS JET FOB MED

CARGO PWA

PWFOBMEDJ 2.102338

328.42

0003 - 0004 MGO PLATTS GASOIL

0.1%S FOB MED

CARGO PWA

PWGSFMDCRG 2.061529

315.30

NOTE: PRICES WILL ESCALATE ON A WEEKLY BASIS UPDATING MONDAYS.

THE LAST ELECTRONIC PUBLICATION PREVAILS.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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.

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

NATIONAL STOCK

NUMBER

PRODUCT

NOMENCLATURE

DLA ENERGY PRODUCT

CODE

9130-00-753-5026

Turbine Fuel, Aviation, Jet A-1

JA1

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 above. 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.

Product shall conform to the latest version of ASTM D1655: Standard Specification for Aviation Turbine Fuels with the following modifications. For European, Middle Eastern, and Asian Locations Only: product shall conform to the latest revision of Defence Standard 91-091.

(a) SPECIFICATION MODIFICATIONS

(1) Microseparometer (MSEP).

(i) The following MSEP ratings apply in the presence of the additives listed below. Values apply at point of manufacture:

Jet A-1 Additive MSEP Rating, min.

Fuel System Icing Inhibitor (FSII)

Corrosion Inhibitor/Lubricity Improver (CI/LI)

Fuel System Icing Inhibitor (FSII) and Corrosion Inhibitor/Lubricity Improver (CI/LI)

(b) ADDITIVES: Additives shall not be premixed with other additives before injection into the fuel.

(1) FUEL SYSTEM ICING INHIBITOR (FSII). When FSII is required by contract line item—

(i) The fuel shall contain 0.07 to 0.10 percent by volume FSII.

(ii) FSII shall be added to the fuel and shall be Diethylene Glycol Monomethyl Ether (DIEGME) conforming to ASTM D4171, Standard Specification for FSIIs, Type III or MIL-DTL-85470B, dated June 15, 1999 Inhibitor, Icing, Fuel System, High Flash, NATO Code Number S-1745.

(iii) When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of required additive. This additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(2) CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When CI/LI is required by contract line item the additive shall conform to the latest revision of MIL-PRF-25017H with amendment 1 dated August 4, 2011, and be listed in Qualified Products List (QPL)-25017. In order to obtain dosage data for QPL-25017 additives, log into ASSIST Online, access the Qualified Products Database (QPD), do a search for QPL number 25017, and click the MIL-PRF-25017 Category 1 link. The dosage information is located in the "source notes" for each qualified additive as minimum effective and maximum allowable concentrations in grams per cubic meter (g/m3).

(3) STATIC DISSIPATER ADDITIVE (SDA). When required by contract line item-

(i) SDA shall be added to the fuel and the conductivity limits of 50 to 600 picosiemens per meter (pS/m) at ambient temperature or 29.4oC (85oF), whichever is lower, unless otherwise directed by the procuring activity.

(4) METAL DEACTIVATOR ADDITIVE (MDA). MDA shall not be used unless the supplier has obtained written consent from the procuring activity and user.

(i) Product shall be homogeneously mixed. Until all aviation turbine fuel tanks are coated, it is acceptable to perform stratification tests in lieu of circulating tanks to achieve homogeneity.

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS) (DLA

ENERGY FEB 2018)

Product Classification

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE UNIT OF

ISSUE

9140-01-313-7776 Marine Gas Oil MGO Gallons 9140-01-417-6843 Marine Gas Oil MGO Metric Tons Supplies delivered under this contract, the Contractor shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The Contractor shall also comply with all applicable International Agreements, Treaties, Conventions, and the like to which the United States is a party or with whose terms the receiving activity has otherwise agreed to comply, including but not limited to, the requirements of MARPOL 73/78 Annex VI Regulations 14 & 18. The Contractor shall be responsible for determining the existence of all such requirements prior to the time deliveries are made.

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 an International, Federal, State, and /or local environmental requirement, as identified above, is more stringent than a requirement contained in this contract, the Contractor shall deliver product(s) that complies with the more stringent requirement. Product(s) that fails to meet the more stringent requirement will be considered nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

Product shall conform to the requirements of the latest revision of ISO 8217, Category ISO-F-DMA. In Accordance with Annex A of ISO 8217, the de minimis value of FAME shall be 0.5 volume %. Offeror/Supplier shall ensure product offered meets ISO 8217 de minimis FAME requirement. The following are additional requirements or approved modifications to specifications.

(a) SPECIFICATION MODIFICATIONS

(1) TESTING

(i) Hydrogen sulfide testing is not required

(ii) In addition to ISO 8217 approved sulfur tests, the following test methods are approved for Sulfur testing:

ASTM D129, D5453, D1266, D1552, D2622, D3120, D6920, D7039, or ISO16591. See section 6.3 of ISO 8217 for referee test method. For a total sulfur content of less than 0.05 mass % (500 ppm), the latest revision of ASTM D5453 is the recommended ASTM method.

(iii) The following test methods are approved for FAME testing per ISO 8217: IP 579 or ASTM D 7963. Test method EN 14078 is an equivalent test method for IP 579 and approved for FAME testing. See section 6.10 ISO 8217 for referee test method.

(iv) ASTM International Test Methods equivalent to ISO test methods referenced in ISO 8217, DMA testing, are approved for use.

(2) Environmental

(i) Per MARPOL 73/78 Annex VI Regulation 14, for ships operating in the most current emission control areas, the sulfur content of the fuel shall not exceed 0.10% mass (1000 ppm). If the Marine Gas Oil being procured is bound for ships that will operate in an ECA, this will be specified and the contractor shall deliver fuel that meets this MARPOL requirement.

(ii) Per 40 CFR Section 80.510, the Marine Gas Oil sulfur requirement for all refineries and deliveries to ports within Continuous United States (CONUS) shall not exceed 0.0015 mass % (15 ppm) sulfur. However, if the Marine Gas Oil being procured is bound for use in Category 3 vessels (vessels with one or more engines with a displacement at or above 30 liters/cylinder), this will be specified and the fuel shall not exceed 0.10% mass (1000 ppm) in accordance with ECA marine fuel requirements in 40

CFR 80.

(b) ADDITIVES: Marine Gas Oil shall contain no black dye or dyes that could interfere with Appearance, Clear & Bright, test.

(c) OTHER REQUIREMENTS: Unless otherwise indicated by the Contractor in writing, prior to award, and in accordance with the EVALUATION (SHIP’S BUNKERS) provision, the product offered shall fully meet the applicable specification.

The supplier shall provide to the receiving vessel a “Statutory Sample” of at least 500 mL in volume, taken from the receiving vessel’s inlet bunker manifold, together with a Bunker Delivery Note (BDN). This sample will be sealed and carry a sample tag that provides the documentation required per MARPOL 73/78 Annex VI Regulation 18.

SECTION D - PACKAGING AND MARKING

NOT APPLICABLE

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

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

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

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

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

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

(e)

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

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

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

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

(a) This contract provision applies to:

(1) All aviation fuel, lubricating oil, and additive shipments.

(2) All Bulk and Posts, Camps, and Stations non-aviation fuel shipments via pipeline or waterborne transport.

(b) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan (QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001 Quality Management Systems. If the Contractor chooses to comply with the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the

Gove…