Solicitation-SPE60519R0200_Final_Oct_2018_.pdf

SPE605-19-R-0200

INFORMATION TO

OFFERORS OR QUOTERS

COVER SHEET

SOLICITATION: SPE605-19-R-0200 (COG 2, POSTS, CAMPS & STATIONS (PC&S) PP 3.22).

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

ORDERING PERIOD: Date of Award THROUGH: 31 March 2021 DELIVERY PERIOD: 48 Hours After the Date of Award THROUGH 30 April 2021

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPCA,

Sabrina Holland and James Clough 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT

OF DEFENSE AND FEDERAL CIVILIAN AGENCIES IN THE STATES OF

CONNECTICUT, MASSACHUSETTS, MAINE, NEW HAMPSHIRE, NEW JERSEY,

NEW YORK, PENNSYLVANIA, RHODE ISLAND AND VERMONT.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

SABRINA HOLLAND JAMES CLOUGH

(571) 767-9510 (571) 767-9556

SABRINA.HOLLAND@DLA.MIL JAMES.CLOUGH@DLA.MIL

WEB ADDRESS: http://www.energy.dla.mil

RESPONSES DUE: 26 November 2018; 3:00 PM, Eastern Standard Time (EST).

ADDITIONAL INFORMATION:

SEE NOTES AND ATTACHED PAGES

mailto:SABRINA.HOLLAND@DLA.MIL mailto:JAMES.CLOUGH@DLA.MIL http://www.energy.dla.mil/

SPECIAL INSTRUCTIONS FOR OFFERORS:

a) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

b) The Government intends to procure the petroleum fuel products using FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation that will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

c) This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2005- 97

Effective 24 January 2018; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2016 1222 Effective 22 Dec 2016 Edition DLAD current to DLAD Rev. 5 & Proc. Ltr. 2017-11 and DEPI Sep 2016 up to CI 17-02 16 Nov 2016.

d) Solicitation Number SPE605-19-R-0200 is hereby issued as a Request for Proposals (RFP).

e) This acquisition has thirty-three (33) line items as set-aside for Service Disabled Veteran Owned Small Businesses

(SDVOSBs), 150 line items set–aside for Small Businesses, and the remaining line items are under Full and Open Competition. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard is 1,500 employees. However, Offerors that propose to furnish an item that it did not itself manufacture, but wish to be considered for set-aside award, must supply petroleum product(s) from a small refinery that either has no more than 1,500 employees, including all affiliates, or that has a capacity to refine no greater than 200,000 barrels per calendar day (See 13 C.F.R. § 121.201. The point of contact for Small Business Affairs is Mr.

Greg Thevenin, telephone (703) 767-9465.

f) The following table lists line items to be set-aside for SDVOSBs:

Line items to be Set Aside for SDVOSBs.

Item Product Code

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

9 MUR 001487103 ALTOONA 362411J82 PA VA TW 24,000.000

31 FS2 002474365 ALTOONA 362411J82 PA VA TW 355,000.000

89 BDI 014704520 ALTOONA 362411J82 PA VA TW 422,000.000

99 DS2 015240139 ALTOONA 362411J82 PA VA TW 8,000.000

132 DS1 015245174 ALTOONA 362411J82 PA VA TW 24,000.000

69 GUM 013552393 BATH 362304E44 NY VA TW 48,000.000

163 DSS 015416760 BRONX 362305E57A NY VA TW 9,000.000

165 DSS 015416760 BRONX 362305E57 NY VA TT 315,000.000

154 DSS 015416760 BROOKLYN 362303E69 NY VA TW 24,000.000

183 FL2 015461786 BROOKLYN 362303E69 NY VA TT 24,000.000

98 DS2 015240139 CALVERTON 3623BQE82 NY VA TW 70,000.000

185 FL2 015461786 CALVERTON 3623BQE82 NY VA TW 24,000.000

24 KSN 002426748 CASTLE POINT 362308G97 NY VA TW 40,000.000

52 GUR 010901093 EAST ORANGE 362204D55 NJ VA TW 18,000.000

Item Product Code

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

166 DSS 015416760 ERIE 362410EPA PA VA TW 56,000.000

76 MRR 013884080 FARMINGDALE 3623BNF11 NY VA TW 16,000.000

93 DS2 015240139 FARMINGDALE 3623BNF11 NY VA TW 16,000.000

186 FL2 015461786 JAMAICA 362340G94A NY VA TT 241,000.000

143 DSS 015416760 NEWINGTON 361104A69 CT VA TW 241,000.000

94 DS2 015240139 PITTSBURGH 362406L96 PA VA TW 60,000.000

209 DSS 015416760 PROVIDENCE 361502N50 RI VA TT 50,000.000

180 FL2 015461786 ST ALBANS 362340G94 NY VA TT 79,000.000

28 FS2 002474365 TOGUS 361201B58 ME VA TW 150,000.000

189 DSS 015416760 TOGUS 361201B58 ME VA TW 75,000.000

144 DSS 015416760 WEST HAVEN 361106A97 CT VA TT 193,000.000

29 FS2 002474365 WEST ROXBURY 361315C63 MA VA TT 79,000.000

51 GUR 010901093 WEST ROXBURY 361315C63 MA VA TW 8,000.000

75 MRR 013884080 WEST ROXBURY 361315C63 MA VA TW 2,000.000

145 DSS 015416760 WEST ROXBURY 361315C63 MA VA TW 50,000.000

86 E85 014702024 WHITE RIVER JUNCTION 361602N95 VT VA TW 54,000.000

167 DSS 015416760 WHITE RIVER JUNCTION 361602N95 VT VA TT 24,000.000

192 E85 014702024 WHITE RIVER JUNCTION 361602N95 VT VA TW 80,000.000

193 DSS 015416760 WHITE RIVER JUNCTION 361602N95 VT VA TT 80,000.000

g) The following table lists line items to be set-aside for small businesses:

Line items to be Set Aside for Small Business

Item Product Code

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

1 MUR 001487103 FAIRTON 152226D32 NJ DHS TW 95,000

2 MUR 001487103 LEWIS RUN 153647K27 PA DJ TW 24,000

3 MUR 001487103 ORIENT POINT 702384H29 NY DHS TW 17,000

4 MUR 001487103 ATLANTIC CITY Z30184D01 NJ USCG TW 24,000

5 MUR 001487103 STATEN ISLAND Z30200F40 NY USCG TW 48,000

6 MUR 001487103 OSWEGO Z30424H84 NY USCG TW 36,000

8 MUR 001487103 PHILADELPHIA Z37050K81 PA USCG TW 4,000

10 MUR 001487103 JONESPORT Z30141451 ME USCG TW 12,000

11 MUR 001487103 EAST MORCHIES Z37500472 NY USCG TW 24,000

12 MUR 001487103 NARRAGANSETT Z30157495 RI USCG TW 24,000

14 MUR 001487103 ERIE Z30367490 PA USCG TW 7,000

15 MUR 001487103 BUFFALO Z30349479 NY USCG TW 35,000

16 MUR 001487103 Patchogue CDVFINATSH NY DI TW 15,000

17 MUR 001487103 Van Buren CDGVANBSTA ME DHS TW 37,000

18 MUR 001487103 Baring CDGDHSCSTA ME DHS TW 33,000

19 MUR 001487103 Hodgdeon CDGCBPHLTH ME DHS TW 10,000

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

20 MUR 001487103 HOULTON CDGHOULSTA ME DHS TW 59,000

21 MUR 001487103 Dallas Plantation CDGRANGSTA ME DHS TW 39,000

22 MUR 001487103 Loretto CDGFEDCINS PA DJ TW 30,000

23 MUP 001487104 BUFFALO Z30349F05 NY USCG TW 4,000

25 FS2 002474365 BUSHKILL 143618D43 PA DI TW 17,000

27 FS2 002474365 WORCESTER 181C19C74 MA USPS TT 40,000

30 FS2 002474365 ROCKLAND Z30612C83 ME USCG TW 48,000

33 FS2 002474365 NORTHPORT Z30196485 NY USCG TW 48,000

35 FS2 002474365 WOODSTOCK 141639N68 VT DI TW 5,000

36 FS2 002474365 Layton CDVDELWGAP NJ DI TW 7,000

39 DS2 015240139 OSWEGO Z30424483 NY USCG TW 72,000

40 DS2 015240139 ROCHESTER Z30439487 NY USCG TW 97,000

41 DS2 015240139 YOUNGSTOWN Z30938476 NY USCG TW 48,000

42 DS2 015240139 NEWPORT Z30121494 RI USCG TW 48,000

43 JAA 003592026 BROOKLYN M21680712 NY USMC TW 106,000

44 GUR 010901093 PINKHAM NOTCH 121488C87 NH DA TW 12,000

45 GUR 010901093 WARREN 1224H1M21 PA DA TW 48,000

46 GUR 010901093 BUSHKILL 143618D43 PA DI TW 22,000

47 GUR 010901093 Bushkill 143618D53 PA DI TW 29,000

48 GUR 010901093 WILLINGBORO 1822VWD90 NJ USPS TW 46,000

49 GUR 010901093 WEBSTER 18237GJ37 NY USPS TW 48,000

50 GUR 010901093 LEHIGH VALLEY 182MUHK21 PA USPS TT 30,000

53 GUR 010901093 EASTON 182DSFK76 PA USPS TT 24,000

55 GUR 010901093 NEWPORT Z30121494 RI USCG TW 72,000

56 GUR 010901093 NEW HAVEN Z30180409 CT USCG TW 7,000

57 GUR 010901093 WOODS HOLE Z30107443 MA USCG TW 60,000

58 GUR 010901093 Southwest Harbor CDZSWESTHB ME USCG TW 48,000

59 GUR 010901093 Layton CDVDELWGAP NJ DI TW 6,000

60 GUR 010901093 TOBYHANNA TOBYHANNA PA DLA TT 30,000

61 KS1 012924460 PINKHAM NOTCH 121488C87 NH DA TW 55,000

62 MGO 013137776 NEW CASTLE Z30160C99 NH USCG TW 36,000

63 MGO 013137776 BABYLON Z30199E35 NY USCG TW 48,000

64 MGO 013137776 STATEN ISLAND Z30200F40 NY USCG TW 48,000

66 MGO 013137776 YOUNGSTOWN Z30938476 NY USCG TW 11,000

67 GUM 013552393 WARREN 1224H1M21 PA DA TW 48,000

68 GUM 013552393 ATLANTIC CITY Z30184D01 NJ USCG TW 48,000

70 GUM 013552393 BARNEGAT LIGHT Z30187TTA NJ USCG TW 24,000

71 MRR 013884080 VERNON ROCKVILLE 181160A06 CT USPS TW 12,000

72 MRR 013884080 Stamford CDGSTAMVMF CT USPS TT 20,000

73 MRR 013884080 BENSALEM 182DTGK09 PA USPS TW 10,000

74 MRR 013884080 LANGHORNE 182DZJL26 PA USPS TW 10,000

77 MRR 013884080 ORANGE FP6071783 CT AFNG TW 12,000

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

78 MRR 013884080 KITTERY N39040TWB ME NAVY TW 29,000

79 MRR 013884080 EAST MORCHIES Z37500472 NY USCG TW 24,000

80 MRR 013884080 MCGUIRE AFB MCGUIREANG NJ AFNG TW 18,000

81 MMR 013884513 BRADLEY FP6071BGCT CT AFNG TW 10,000

82 MMR 013884513 BABYLON Z30199470 NY USCG TW 48,000

83 MMR 013884513 EAST MORCHIES Z37500472 NY USCG TW 24,000

84 MMR 013884513 CHICOPEE WESTOVER MA USAF TT 80,000

87 BDI 014704520 CONWAY 121490C89 NH DA TW 48,000

88 BDI 014704520 UPTON 892304J22 NY DOE TW 24,000

90 DS2 015240139 Bushkill 143618D53 PA DI TW 18,000

91 DS2 015240139 MANCHESTER 181402C86 NH USPS TW 97,000

92 DS2 015240139 PHILADELPHIA 1824NPL73 PA USPS TT 40,000

96 DS2 015240139 BROOKLYN M21680712 NY USMC TW 36,000

97 DS2 015240139 ROCKLAND Z30612C83 ME USCG TW 7,000

100 DS2 015240139 KITTERY N39040TWB ME NAVY TW 62,000

102 DS2 015240139 LANCASTER 182DSFL20 PA USPS TT 31,000

103 DS2 015240139 SCRANTON 182MURM15 PA USPS TT 40,000

104 DS2 015240139 NEW YORK 6923AWG14 NY USPS TW 20,000

105 DS2 015240139 KINGS POINT 6923AWG15 NY DT TW 97,000

107 DS2 015240139 RAYMOND FP6331CHME ME AFNG TW 36,000

108 DS2 015240139 WELLESLEY ISLAND Z30197488 NY USCG TW 12,000

109 DS2 015240139 EAST MORCHIES Z37500472 NY USCG TW 7,000

110 DS2 015240139 NEW YORK 472192F56A NY GSA TW 23,000

111 DS2 015240139 CENTRAL ISLIP 472359DANY NY GSA TTWP 70,000

112 DS2 015240139 RAYMOND FP6331RAYM ME USAF TW 21,000

113 DS2 015240139 Lehighton W25PHSBLPA PA COE TW 2,000

115 DS2 015240139 Patchogue CDVFINATSH NY DI TW 6,000

116 DS2 015240139 Groton CDNUSSMBNL CT NAVY TTWP 53,000

117 DS2 015240139 Layton CDVDELWGAP NJ DI TW 23,000

119 DS2 015240139 TOBYHANNA TOBYHANNA PA DLA TT 34,000

121 DS2 015240139 CHICOPEE WESTOVER MA USAF TT 83,000

122 DS1 015245174 HYDE PARK 1423A6F60 NY DI TW 60,000

123 DS1 015245174 Bushkill 143618D53 PA DI TW 18,000

124 DS1 015245174 LEWIS RUN 153647K27 PA DJ TW 24,000

127 DS1 015245174 Providence CDGPROVDNC RI USPS TT 24,000

130 DS1 015245174 LEHIGH VALLEY 182MUHK21 PA USPS TT 62,000

131 DS1 015245174 BERLIN 151436C81 NH DJ TW 24,000

133 DS1 015245174 SCRANTON 182MURM15 PA USPS TT 30,000

135 DS1 015245174 COLCHESTER W90101VANG VT ARNG TW 48,000

136 DS1 015245174 RAY BROOK CDGFCIRBRK NY DJ TW 60,000

137 DS1 015245174 Layton CDVDELWGAP NJ DI TW 2,000

140 DSS 015416760 PLYMOUTH 121591C96 NH DA TW 8,000

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

141 DSS 015416760 LINCOLN 121592C85 NH DA TW 9,000

142 DSS 015416760 FAIRTON 152226D32 NJ DHS TW 24,000

146 DSS 015416760 AUGUSTA 471264B26 ME GSA TW 24,000

148 DSS 015416760 WOODS HOLE Z30107C71 MA USCG TW 45,000

149 DSS 015416760 SANDWICH Z30115C42 MA USCG TW 45,000

150 DSS 015416760 PROVINCETOWN Z30126C39 MA USCG TW 62,000

151 DSS 015416760 NEW HAVEN Z30180A61 CT USCG TT 9,000

152 DSS 015416760 NORTHPORT Z30196G90 NY USCG TW 29,000

153 DSS 015416760 HIGHLANDS Z30235633 NJ USCG TW 121,000

156 DSS 015416760 HANSCOM FP2835TTA MA USAF TT 24,000

157 DSS 015416760 WESTOVER ARB FP6606TWA MA USAF TW 48,000

159 DSS 015416760 VINELAND W580XJVLNJ NJ ARMY TW 10,000

160 DSS 015416760 WESTFIELD W5804ZWFNJ NJ ARMY TW 14,000

161 DSS 015416760 JONESPORT Z30141451 ME USCG TW 36,000

162 DSS 015416760 NEW LONDON Z60100416 CT USCG TT 9,000

168 DSS 015416760 NEWBURYPORT Z30137431 MA USCG TW 36,000

169 DSS 015416760 ELVERSON CDGHOPEWEL PA DI TW 1,000

170 DSS 015416760 NEW YORK CDGJKJAVTS NY GSA TT 101,000

171 DSS 015416760 NEW YORK CDGJAVTSFB NY GSA TW 101,000

172 DSS 015416760 RAY BROOK CDGFCIRBRK NY DJ TW 48,000

173 DSS 015416760 Siasconset CDZBCAPCOD MA USCG TW 29,000

174 DSS 015416760 Vineyard Haven CDZBVYHAVE MA USCG TW 29,000

175 DSS 015416760 Rockingham CDVNATPPCT NH DS TW 24,000

176 DSS 015416760 EAST LYME STONESRNCH CT ARNG TW 46,000

177 DSW 015416767 HIGHLANDS 1422A5D44 NJ DI TW 24,000

178 DSW 015416767 LEWIS RUN 153647K27 PA DJ TW 24,000

179 DSW 015416767 RAY BROOK CDGFCIRBRK NY DJ TW 5,000

181 FL2 015461786 BROOKLYN 4723A2E65 NY GSA TT 24,000

182 FL2 015461786 BROOKLYN 4723A5E64 NY GSA TT 24,000

184 FL2 015461786 DANBURY 1511P1A10 CT DJ TW 24,000

187 FL2 015461786 Patchogue CDVFINATSH NY DI TW 5,000

188 FL2 015461786 Guilford CDZLGISDSH MA USCG TW 48,000

190 DS2 015240139 Stamford CDGSTAMVMF CT USPS TT 12,000

191 DS1 015245174 Stamford CDGSTAMVMF CT USPS TT 12,000

194 GUR 010901093 BOOTHBAY HARBOR Z30606448 ME USCG TW 10,000

195 GUR 010901093 Scranton CDGSTNHSTE PA DI TW 10,000

196 DS2 015240139 PHILADELPHIA 122422M79 PA DA TW 10,000

197 DS2 015240139 BAR HARBOR 141202B12 ME DI TW 10,000

198 DS2 015240139 STATEN ISLAND 142326J13 NY DI TW 10,000

199 DS2 015240139 AUGUSTA 471264B10 ME GSA TT 10,000

200 DS2 015240139 OTISVILLE 152339TTA NY DJ TT 10,000

201 DS2 015240139 WELLESLEY ISLAND Z30197488 NY USCG TW 17,000

Item Product Code

Material (NIIN) Location TSW Location ID State Service Code

Mode Quantity USG

202 DS2 015240139 NEW HAVEN Z30180409 CT USCG TW 10,000

203 DS2 015240139 ATLANTIC CITY Z30184454 NJ USCG TW 10,000

204 DS2 015240139 Loretto CDGFEDCINS PA DJ TW 12,000

205 DS2 015240139 Scranton CDGSTNHSTE PA DI TW 10,000

206 DS1 015245174 MINERSVILLE 153654L60 PA DHS TT 10,000

207 DS1 015245174 Loretto CDGFEDCINS PA DJ TW 10,000

208 DSS 015416760 PHILADELPHIA 122422M79 PA DA TW 10,000

210 DSS 015416760 BOOTHBAY HARBOR Z30606448 ME USCG TW 10,000

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

(DLA ENERGY JAN 2012).

i) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.19

ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION

(PC&S) (DLA ENERGY JUNE 2017). The base reference date is 10 September 2018. Offerors MUST use the publication listed for each line item schedule 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, and any deliveries made on Saturday and Sunday will use Friday’s Price.) in accordance with the above Economic Price Adjustment clauses 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 www.energy.dla.mil

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

k) CLOSING DATE: 26 November 2018; 3:00 PM, Eastern Standard Time (EST).

l) PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post Camps and Stations (PC&S) Offer Entry Tool (OET).

1. PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

2. Please use the attached instruction titled, “AMPS Snapshot: User Registration- External Users,” to obtain an AMPS account if you do not already have one.

3. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

4. You will be able to request access to OET through AMPS. Please refer to the http://www.energy.dla.mil/ https://amps.dla.mil/ attachment D titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

5. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions titled, “PC&S OET Vendor Guide.”

6. If you experience trouble registering or if 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.

7. In the event of technical issues on the part of OET that prevent an offeror to successfully entry offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Sabrina.Holland@dla.mil and James.Clough@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to Sabrina.Holland@dla.mil and James.Clough@dla.mil

m) TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

INCLUDE: Any Federal Excise Taxes (FET) shall be included in your offer prices. INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

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

n) LATE OFFERS: Please note that offers must be received by 26 November 2018, 3:00 PM Eastern Standard Time (EST). Any offer received after 26 November 2018, 3:00 PM Eastern Standard Time (EST) will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph

(f) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(AUG 2018).

o) AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (AUG 2018). 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 determined by the Contracting Officer to be 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.

Therefore, offerors are advised to submit their best prices with their initial offer.

p) CONTRACT TYPE: The fuel requirements issued under this solicitation are for the mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Sabrina.Holland@dla.mil mailto:James.Clough@dla.mil mailto:Sabrina.Holland@dla.mil mailto:James.Clough@dla.mil remainder of the current contract cycle. Contracts awarded as a result of this solicitation will be a REQUIREMENTS TYPE CONTRACT, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

q) EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation –

Commercial Items (OCT 2014). 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 offer unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

(PLEASE REFER TO SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS)

r) BIODIESEL CERTIFICATIONS: In accordance with Clause C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors are required to submit a copy of its B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer.

s) OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non-oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Clause C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY NOV2015) for oxygenate requirements.

t) ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through 31 March 2021. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a three (3) year requirement.

u) PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (d) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (AUG 2018), Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

v) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (AUG 2018) applies to this acquisition. Offerors shall complete this provision in (SAM). 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

w) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please include your CAGE code in your offer submission letter. If you have not been assigned a CAGE code, insert the word “None” when referencing CAGE code.

https://www.acquisition.gov/

x) DUNS NUMBER: Please include your company’s Data Universal Numbering System Number in your offer submission letter.

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.

y) ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE

RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued.

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

aa) 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.

bb) Please reference FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (AUG 2018), for additional FAR clauses applicable to the acquisition. All provisions and clauses referenced in this solicitation will be incorporated with any offer received,unless an offeror takes exception. Offerors should send any exceptions taken with their proposal on company letterhead, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

POINTS OF CONTACT:

Emergency Situations after Duty Hours OPERATIONS CENTER, CONTINGENCY PLANS AND

OPERATION DIVISION

(571) 767-8420

Information Regarding Solicitation SPE605-19-R-0200 Points of contact for information regarding this solicitation are:

James Clough Phone: (571) 767-1884 Email: James.Clough@dla.mil

AND

Sabrina Holland Phone (571) 767-9510 mailto:James.Clough@dla.mil

Email: Sabrina.Holland@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:

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

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

• 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) All offers must comply with the instructions in FAR 52.212-1(b) to include at a minimum:

a. The solicitation number,

b. Adhere to the date and time specified in the solicitation for receipt of offers,

c. The name, address, and telephone number of the offeror,

d. 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,

e. Terms of any express warranty,

f. Price submitted through PC&S OET with all taxes and fees included

g. Any discount terms,

h. Remit to address, if different than mailing address,

i. 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),

j. Return a signed copy of all Solicitation Amendments; and

k. Offers must be submitted on Company Letterhead that includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation 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.

(3) 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 SPE605-19-R-0200.

(4) The following clauses are included in full text in this solicitation and the OSP and/or are incorporated by reference into this Solicitation. In addition, supplemental DLA Energy provisions are located within the Solicitation.

mailto:Sabrina.Holland@dla.mil https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

Table of Contents

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

B19.19 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S) (DLA Energy JUNE 2017) B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012)

SECTION C: DESCRIPTION / SPECIFICATION

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

C16.08-1 – TURBINE FUEL, AVIATION (JET A) (DLA ENERGY AUG 2014)

C16.14 – FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011)

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

C16.27 – FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014)

C16.38-1 – FUEL OIL, BURNER No. 1 S5000 (DLA ENERGY AUG 2014) C16.38-2 – Fuel Oil, Burner No. 2 S5000 (DLA ENERGY AUG 2014)

C16.69-1 – GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY DEC 2016)

C16.69-3 – GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY NOV 2015)

C16.69-4 – FUEL SPECIFICATIONS, KEROSENE (KS1) (PC&S) (DLA ENERGY DEC 2016)

C16.69-5 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C16.69-6 - FUEL SPECIFICATIONS (PC&S) (DLA ENERGY AUG 2014)

C16.69-7 – GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE) (PC&S) (MRR) (DLA

ENERGY DEC 2016)

C16.69-8 - GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE) (PC&S) (MMR) (DLA

ENERGY DEC 2016)

C16.69-10 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

C16.69-11 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

C16.69-12 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

C16.69-13 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

C16.69-14 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C16.69-15 – FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

C16.69-17 - FUEL OIL, BURNER SPECIFICATION (PC&S) (DLA ENERGY SEPT 2014)

SECTION D - PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

E1 - CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E12 – POINT OF ACCEPTANCE (JUL 2015)

E18.01 – SAMPLE SUBMISSION (AUG 2009)

E21.01 – POINT OF INSPECTION (JUN 2015)

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

E35 – NONCONFORMING SUPPLIES AND SERVICES

E37 – SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011)

E40.01 – MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY

JUL 2014)

SECTION F: DELIVERIES OR PERFORMANCE

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 TRAILER FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY

AUG 2005)

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

F20 – AUTOMATIC FILL-UP (DLA ENERGY JAN 2012)

F98 – DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA

ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.232-35 – DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (JUL 2013)

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 JAN 2017)

G150.06 – SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES/PROVISIONS

Provision/Clauses Incorporated By Reference FAR 52.204-13 – System for Award Management Maintenance. (OCT 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 52.211-16 – VARIATION IN QUANTITY (APR 1984)

FAR 52.216-19 -- Order Limitations. (Oct 1995)

FAR 52.216-21 – REQUIREMENTS. (OCT 1995)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998

DFARS 252.216-7006 ORDERING (MAY 2011)

DFARS 252.219-7003 – SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) Basic

(DEVIATION 2018-O0007) DEC 2017

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

I1.01 – DEFINITIONS (DLA ENERGY JUN 2009)

I11.01-2 – ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996)

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

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

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

I186 – PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) 96

I209.09 – EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

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

FEDERAL TRANSACTIONS (SEPT 2007)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.209-5 – UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (AUG 2017)101 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials, (NOV 2011) DFARS 252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

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

K1.01-7 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (CONT’D) (DLA

ENERGY FEB 2009)

K1.01-12 – SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012)

K15 – RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 – AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K150 – WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY

2014)

SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS AND QUOTERS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2016)

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (AUG 2018)

FAR 52.216-1 – TYPE OF CONTRACT (ARP 1984)

FAR 52.233-2 Service of Protest (Sept 2006)

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

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)

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

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

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

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG

2) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

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

SEE ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

NOTE: The above requirements are to be delivered via tank truck, tank wagon and/or barge to various Military and Federal Civilian facilities within the COG 2 Region.

B19.19 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S) (DLA Energy JUNE 2017)

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP

AND STATION (PC&S) (JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

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

(b) Definitions: As used throughout this contract text, 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 10 September 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 contract text.

(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 wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of 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 texts shall not exceed 550 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 wording of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase.

The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with 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 wording of this contract text.

(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 contract text.

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

SEE ATTACHMENT B “PUBLICATION ESCALATORS USED”

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

(DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

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

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

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

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

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

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

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

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

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

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

(8) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, http://www.desc.dla.mil/ http://www.desc.dla.mil/ 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, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 550% percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase.