Solicitation_SPE605-19-R-0202_Spain.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0076977321

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE605-19-R-0202

6. SOLICITATION ISSUE

DATE

2019 JAN 09

a. NAME

Orlando MERRITT DOM0016

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-7725

8. OFFER DUE DATE/

LOCAL TIME

2019 JAN 24

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 324110

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

DO-C9

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

01:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SPE605-19-R-0202

SPAIN 1.8D

INFORMATION TO OFFERORS

PURCHASE PROGRAM: SPAIN 1.8D

PERIOD OF PERFORMANCE: 1 MAY 2019 UNTIL 30 APRIL 2024

Your offer must be received by DLA Energy-FEPCB no later than 1:00 PM Local Time, Fort Belvoir, VA on January 24, 2019. Do not return the entire solicitation package. Simply complete and return applicable sections. Your prices must be entered into the OET. It must be the full price and not just a margin. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements and may be determined outside the competitive range.

Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals.

FAXED PROPOSALS ARE NOT AUTHORIZED. Please send only the requested documents via email. to: orlando.merritt@dla.mil.

SUBJECT line will be solicitation number and Offeror's company name and what the document is.

. Offerors’ proposals shall be prepared in three separate volumes; your files labeled and provided as shown below:

Volume Required Documents

I 0 Applicable clauses within the solicitation

1 Written Acknowledgment (refer to Note 3)

2 Commitment Letter

3 Transportation Agreement

II a. Certificate of Analysis

III a. Pricing Sheet

(a) Solicitation Number SPE605-19-R-0202 is issued as a Synopsis-Solicitation Request for Proposal (RFP).

(b) Line items under this acquisition are issued under Full and Open Competition. The NAICS code is 324110 and the size standard is

1,500 employees. However, the small business size standard for a concern that submits an offer in its own name, but that proposes to furnish an item that it did not itself manufacture, is 500 employees, including all affiliates. The point of contact for Small Business Affairs is Mr. Greg Thevenin, telephone (571) 767-9465.

(c) The description, quantities, location, delivery hours, equipment, etc. required for this solicitation are listed in Section B. The item numbers are: Line items 0001 through 0015.

CLOSING DATE: January 24, 2019; 1:00 PM Local Time, Fort Belvoir, VA.

(d) PROPOSAL SUBMISSION: Offeror(s) shall submit proposals and offer prices for all of the line items listed above in the Post Camps and Stations (PC&S) Offeror Entry Tool (OET). PC&S OET is an external web application which allows prospective Posts, Camps &

Stations ground fuel vendors to securely bid on a DLA-Energy fuel Solicitation. Offeror must be registered in the PCS OET application in mailto:orlando.merritt@dla.mil.

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

https://amps.dla.mil.

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

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

After the registration process is completed, the offeror will be able to log on to the application and select a solicitation on which to bid.

The offeror will then select the applicable line items and enter offer prices for each line item. The offeror will then submit its bid package on the PCS OET website along with its offer prices.

(e) Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. ANY

EXCEPTIONS TO ANY PART OF THIS SOLICITATION MUST BE SPECIFICALLY IDENTIFIED IN A COVER LETTER

TO YOUR PROPOSAL.

Offerors shall not include any tax in their prices for which the U.S. Government or Department of Defense is exempt. Offer prices should be a unit price per U.S. gallon and in U.S. currency.

LATE OFFERS: Please note that offers must be received by, January 24, 2019, 1:00 PM Local Time, Fort Belvoir, VA. Any offer received after 1:00 PM on the aforementioned date will be considered late. Offeror(s) assume all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1, INSTRUCTIONS TO OFFERORS.

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

(f) CONTRACT TYPE: The fuel requirements issued under this solicitation are for a five (5) year period or through 30 April 2024, with deliveries made through 31 May 2024. Contracts awarded as a result of this solicitation will be REQUIREMENTS TYPE

CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to Clauses FAR 52.216-1, TYPE OF

CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

(g) EVALUATION: FAR provision 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014) applies to this acquisition.

Proposals will be evaluated in accordance with Lowest Price Technically Acceptable selection processes. Offerors should thoroughly read and understand the terms and conditions contained within the solicitation. Failure to provide any information requested in the solicitation may render an offeror’s proposal technically unacceptable, and preclude it from any further consideration for contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

(h) 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 01 September 2018.

Offerors should use the publication listed under each line item in the schedule as the escalation reference for their offer prices.

(i) ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be date of award through 30 April

2024. Quantities stated in the SCHEDULE represent the Government’s best estimates covering the period remaining of the five (5) year requirement.

(ii) PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS (DEVIATION 2018-O0018) Offerors agree to honor prices in the OET for 160 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(iii) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (Oct 2018) applies to this acquisition. Offerors mailto:DLAEnterpriseHelpDesk@dla.mil shall complete this provision in the SAM system. SAM is an official U.S. Government system within which all offerors are required to be registered. 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

(iv) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the

SF 1449, in the space marked “Code”. All offerors must have a CAGE Code.

(v) DUNS NUMBER: Include your company’s Data Universal Numbering System (DUNS) number in Block 17 on the SF1449 of your

Offeror Submission Package. Also include the POC with phone number and email address.

(vi) NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH GOVERNMENT AGENCIES OR IN RECEIPT OF A

PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

(vii) ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY AMENDMENTS TO THIS

SOLICITATION. You may do this by completing Block 8 and signing and returning one (1) copy of the amendment.

(viii) Offerors are required to submit completed copies of all applicable representations and certifications in this solicitation.

(ix) DLA Energy may conduct Pre-Award Surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities. Any offeror who holds up a survey when contacted by the DLA Energy Preaward Survey office by not submitting information requested or being available for interview may be found Not Responsible in accordance with FAR

Part 9 and may not be considered for award.

(x) All clauses in this solicitation will be incorporated into any resultant awarded contract.

(xi) POINTS OF CONTACT:

Orlando Merritt, Contracting

Specialist

Phone (571) 767-7725

Email: Orlando.Merritt@dla.mil

Juebiline Mbandi

Contracting Officer

Phone: (571) 767-8580

Email: Juebiline.Mbandi@dla.mil

ADDITIONAL NOTES:

NOTE 1: TO BE VALID, ALL OFFERORS SUBMITTING PROPOSAL PACKAGES UNDER THE SUBJECT SOLICITATION MUST BE REGISTERED in the System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow

(IRAPT) at https://www.wawf.eb.mil (which includes MyInvoice) and DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil PRIOR TO THE DEADLINE FOR SUBMISSION OF OFFERS. Offerors proposals must be submitted through OET.

NOTE 2: TO BE VALID, ALL OFFERS MUST COMPLY WITH THE INSTRUCTIONS IN FAR 52.212-1(b) TO INCLUDE AT A

MINIMUM:

• The solicitation number,

• The time specified in the solicitation for receipt of offers,

• The name, address, and telephone number of the offeror,

• 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, http://www.acquisition.gov/ mailto:il:%20Orlando.Merritt@dla.mil mailto:Juebiline.Mbandi@dla.mil http://www.sam.gov/ http://www.sam.gov/ http://www.wawf.eb.mil/ http://www.wawf.eb.mil/ http://www.dibbs.bsm.dla.mil/

• Terms of any express warranty,

• Price submitted through PC&S OET

• Any discount terms,

• “Remit to” address, if different than mailing address,

• 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)

• Return a signed copy of all Solicitation Amendments; and

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

NOTE 3: TO BE VALID, ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all costs. 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-0202.

NOTE 4: All Offerors are REQUIRED TO FURNISH CERTIFICATES OF ANALYSIS FOR ALL TYPES OF FUEL OFFERED, COMMITMENT LETTERS FOR QUANTITY OF FUEL, AND TRANSPORTATION AGREEMENTS WITH YOUR

OFFER.

CLAUSE PAGE NUMBER

CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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)………………………………………….15

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

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

C16.38-2 Fuel Oil, Burner No. 2 S5000 (DLA ENERGY AUG 2014)

C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST)

(WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY OCT 2018)

C16.27 - C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE) (DLA ENERGY JUN 2017)

C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA ENERGY NOV 2018)……….21

C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984)

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)

F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012)

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-UP (DLA ENERGY JAN 2004)*… . 28

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S)

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

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY MAY 2009)

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

(DLA ENERGY OCT 1992)

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-35 -- DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER

INFORMATION (JUL 2013)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

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

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS Oct 2018

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

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

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2017)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

FAR 52.252-2 -- Clauses Incorporated by Reference (FEB 1998)

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

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 52.214-34 Submission of Offers in the English Language (Apr 1991)

FAR 52.216-21 Requirements (Oct 1995)

FAR 52.223-3 -- Hazardous Material Identification and Material Safety Data

FAR 52.229-6 Taxes -- Foreign Fixed-Price Contracts (Feb 2013)

FAR 52.232-17 Interest (May 2014)

FAR 52.232.40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.242-13 Bankruptcy (Jul 1995)

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (Dec 2016)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sept 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

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 252.209-7002 Disclosure of Ownership or Control by a Foreign Government (Jan 2009)

DFARS 252.216-7006 Ordering (MAY 2011)

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

DFARS 252.225-7021 Trade Agreements-Basic (DEC 2017)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

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

THE UNITED STATES (JUN 2015)

DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)

DFARS 252.229-7001 TAX RELIEF - BASIC (SEP 2014)

DFARS 252.229-7005 - TAX EXEMPTIONS (SPAIN) (MAR 2012)

DFARS 252.229-7013 Tax Exemptions (Spain) – Representation (Apr 2012)

DFARS 252.232-7003 Electronic Submission of Payment Request and Receiving Reports (Jun 2012)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.233-7001 Choices of Law (Overseas) (Jun 1997)

DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontractors for Commercial Items and Commercial Components (June 2013)

DFARS 252.247-7023 Transportation of Supplies by Sea Basic (Apr 2014)…………………………………38

DFARS 252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000)

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

(DLA ENERGY FEB 1996)

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

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

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: ATTACHMENTS

Attachment A:

Attachment B:

Attachment C:

SECTION K: REPRESENTATION AND CERTIFICATIONS

52.203-2 Certificate of Independent Price Determination (Apr 1985)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-17 Ownership or Control of Offeror (July 2016)

52.204-20 Predecessor of Offeror (July 2016)

52.209-2 Prohibition On Contracting With Inverted Domestic Corporations--Representation (Nov 2015)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

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 (Oct 2018)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

252.225-7020 Trade Agreements Certificate-Basic (Nov 2014)

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism (Dec 2018)

252.229-7013 Tax Exemptions (Spain)-Representation (Apr 2012)

252.247-7022 Representation of Extent of Transportation by Sea (Aug 1992)

K86 Foreign Taxes (DLA Energy)(Nov 2014)

K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (DEVIATION 2018-O0018)

FAR 52.216-1 -- TYPE OF CONTRACT (APR 1984)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY

FAR 52.233-2 SERVICE OF PROTEST

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

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)

SECTION M: EVALUATION FACTORS FOR AWARD

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

M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA ENERGY JAN 1998)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

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

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] AMPS SNAPSHOT: USER REGISTRATION-EXTERNAL USERS ATTACHMENT A

[X] REQUESTING THE OET VENDOR ROLE IN AMPS ATTACHMENT B

[X] PCS OET VENDOR GUIDE ATTACHMENT C

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

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.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

PR #: 0076977321

Item: 0001

Quantity:387,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-002474365 (FS2) CDFMORONSP - MORON AB UNIT6585

FUEL OIL,BURNER

Delivery Address: D AVE 2ND STREET MORON 09643-6585

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP5575 FP5575

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

2 25000 TANKS BLDG 115 DINING HALL

Delivery Hours: 0700 1700 MONDAY THRU FRIDAY

Delivery Notes: DELIVERY MODE: A 100 FOOT HOSE EQUIPPED WITH 1 AND 1/2 INCH NOZZLE

Item: 0002

Quantity:1,326,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-002474365 (FS2) CDNROTASPA - DCMCI ROTA

Delivery Address: DCMCI ROTA FPO ROTA 09645-4900

NAVY N62863 N62863

1 10000 TANKS @ BLDG #83 (GOV'T GAS STA)

3 10000 TANKS @ BLDGS 2, 44 & 567

6 7500 TANKS @ BLDGS 1774 THRU 1778 & 1780

10 7500 TANKS @ BLDGS 31 THRU 35, 38, 45, 49,55 &532

1 9500 TANKS @ BLDG 3231

Delivery Hours: 0700 - 1700 MONDAY THRU FRIDAY

Item: 0003

Quantity:1,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: -

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9130-010315816 (JP8) CDFBALEASP - SON SAN JUAN AIR BASE

TURBINE FUEL, AVIATION

Delivery Address: PALMA DE MALLORCA ISLAS BALEARES 07071

USAF FP5518 FP5518

Name Phone

STUART SCOTT 314-238-2919

4 650000 ABOVE GROUND TANK(S) AT SON SAN JUAN AB

Delivery Hours: 0730 - 1500 (LOCAL TIME) MONDAY THRU FRIDAY

Delivery Notes: Delivery: Adjacent to Ops and West Operations Apron. POL Yard. No, Bill of Lading.

Requested fuel amount required to be delivered by 16 Oct, recommend vendor deliver as previously coordinated with DLA. POC Mr. Vicente

Item: 0004

Quantity:1,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: -

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-013137776 (MGO) CDXPHNXPRS - CARTAGENA NAVAL BASE

GAS OIL,MARINE

Delivery Address: CALLE REAL 26 CARTAGENA 99999

NAVY N00061 N00061

LCDR KEVIN D CLARIDA 39-081-568-4593

TANK TRUCK W

5 500000 ABOVE GROUND TANK(S)

Delivery Hours: 0900-1600HRS MONDAY - FRIDAY AND 1000-1500HRS

Delivery Notes: GPS Coordinates 37.36 feet 2 inches North negative 0.59 feet 30 inches East

Item: 0005

Quantity:4,239,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDPUL10- PLATTSMNTHLYPUL10PPMFOBMEDAAWZA00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9130-015275763 (ULG) N65959301 - NAVY EXCHANGE ROTA

GASOLINE,AUTOMOTIVE

Delivery Address: US NAVY EXCHANGE ROTA SPAIN 11530

NAVY N65959 N65959

1 6000 TANKS AT BLDG 178

Delivery Mode Notes: PRODUCT IS TO BE DELIVERED FOB DESTINATION ALL TRANSPORTATION CHARGES PAID TO THE

LOCATION SET FORTH BELOW. PRODUCT TO BE DELIVERED TO NS ROTA NAVY EXCHANGE INTO (2) 10000 GAL TANKS

AT

BLDG 178

Delivery Hours: 0800 - 1700 MONDAY THRU FRIDAY

Delivery Notes: TRUCK TO BE EQUIPPED WITH VAPOR RECOVERY DEVICE.CONTRACTOR TO FURNISH COPY OF BILL OF

LADING (OR DELIVERY TICKET ) WITH DELIVERY.

Delivery Ticket Notes:

Special Messages: FUEL IS NOT CAPITALIZED

Item: 0006

Quantity:215,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDPUL10- PLATTSMNTHLYPUL10PPMFOBMEDAAWZA00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9130-015275763 (ULG) MORON - MORON

Delivery Address: MORON AB UNIT 6585 MORON 09643

USAF SE6F07 SE6F07

1 25000 TANKS BLDG 913 D AVE 7TH ST

1 5000 TANKS BLDG 123

1 5000 TANKS BLDG 1428

Delivery Notes: TRUCK TO EQUIPPED WITH VAPOR RECOVERY DEVICE. CONTRCTOR TO FUNISH COPY OF LADING (OR

DELIVERY) WITH DELIVERY DRIVER PRIOR TO EACH DELIVERY NOTIFY MORON AFB VIA TELEPHONE OF EXPECTED

TIME

OF ARRIVAL CALL 34-955-84-8271 OR 8127.

Item: 0007

Quantity:324,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDPUL10- PLATTSMNTHLYPUL10PPMFOBMEDAAWZA00

Base-Ref: 00/00/0000 Base-Price: 0.000000

9130-015275763 (ULG) ROTA - ROTA SP

Delivery Address: BLDG 55 NAVAL STATION ROTA ROTA SP 11520

NAVY SE6N04 SE6N04

HAUKE DINS 49(0)631-411-239

1 10000 TANKS BLDG #83 GAS STA

Delivery Mode Notes: DELIVERY FOB DESTINATION BY TANK TRUCK (TT) WITH PUMP AND METER INTO GOVERNMENT

STORAGE:

Delivery Hours: 0800 1600 7 DAYS EXCLUDING HOLIDAYS

Delivery Notes: PRIOR TO EACH DELIVERY NOFITY AVIATION BRANCH DISPATCHER'S (956-82-2939 / 4989) OF

EXPECTED TIME OF ARRIVAL.

Item: 0008

Quantity:505,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDUL10P- PLATTS MTHLY FOB MED ULS 10 PPM

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-015569156 (SFD) N65959301 - NAVY EXCHANGE ROTA

DIESEL FUEL

1 6000 TANKS BLDG 178

Delivery Mode Notes: PRODUCT IS TO BE DELIVERED FOB DESTINATION ALL TRANSPORTATION CHARGES PAID TO THE

LOCATION SET FORTH BELOW: PRODUCT TO BE DELIVERED TO NS ROTA NAVY EXCHANGE INTO (1) 6000 GAL TANK AT

BLDG 178TRUCK TO BE EQUIPPED WITH VAPOR RECOVERY DEVI CE. CONTRACTOR TO FURNISH COPY OF

BILL OF LADING (OR DELIV ERY TICKET) WITH DELIVERY. ESTIMATED DELIVERY QUANTITY 4000 GALS

DELIVERY HOURS: MONDAY THRU FRIDAY 8:00AM TO 5: 00PM

Delivery Hours: 0800 1500 MONDAY THRU FRIDAY

Delivery Notes: TRUCK TO BE EQUIPPED WITH VAPOR RECOVERY DEVICE. CONTRACTOR TO FURNISH COPY OF BILL OF

LADING (OR DELIVERY TICKET) WITH DELIVERY. ESTIMATED DELIVERY QUANTIT Y 4000 GALS

DELIVERY HOURS: MONDAY THRU FRIDAY 8:00AM TO 5:00PM

Special Messages: FUEL IS NOT CAPITALIZED

Item: 0009

Quantity: 350,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDUL10P- PLATTS MTHLY FOB MED ULS 10 PPM

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-015569156 (SFD) MORON - MORON

Delivery Address: MORON AB UNIT 6585 MORON 09643

USAF SE6F07 SE6F07

1 5000 TANKS BLDGS 123

2 25000 TANKS BLDGS 913

Delivery Mode Notes: A 100 FOOT HOSE EQUIPPED WITH 1 AND 1/2 INCH NOZZLE

Delivery Hours: 0800 TO 1200 NOON MONDAY THRU FRI

Delivery Notes: NSN: 9140-00-286-5294 PRODUCT SHALL CONFORM TO SPANISH COMMERCIAL

SPECIFICATIONSDELIVERY FOB DESTINATION BY TANK TRUCK (TT) WITH CA PABILITY TO METER QUANTITY BEING

OFF-LOADEDAVERAGE DELIVERY: VARIABLEDELIVERY HOURS: 8:00 AM TO 12:00 NOON MONDAY THRU FRID AYDRI

VER

PRIOR TO EACH DELIVERY, NOTIFY MORON AFB VIA TELEPHONE OF EXPECTED TIME OF ARRIVAL AT:

34-955-84-8271 OR 8127

Item: 0010

Quantity:1,020,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDUL10P- PLATTS MTHLY FOB MED ULS 10 PPM

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-015569156 (SFD) ROTA - ROTA SP

Delivery Address: BLDG 55 NAVAL STATION ROTA ROTA SP 11520

NAVY SE6N04 SE6N04

HAUKE DINS 49(0)631-411-239

1 10000 TANKS BLDG 83 CALLE CABRERA

Delivery Mode Notes: DELIVERY FOB DESTINATION BY TANK TRUCK (TT) WITH PUMP AND METER INTO GOVERNMENT

STORAGE:

Delivery Hours: 0700 - 1500 MONDAY THRU FRIDAY

Delivery Notes: DELIVERY HOURS: 08:30 AM TO 4 PM MONDAY THRU FRIDAY. DELIVERY W/PUMP AND METER

Special Messages: THIS FUEL IS CAPITALIZED

Item: 0011

Quantity:5,000 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

Delivery Notes: DELIVERY MODE: A 100 FOOT HOSE EQUIPPED WITH 1 AND 1/2 INCH

Item: 0012

Quantity:6,500 UG6

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMFMDUL10P- PLATTS MTHLY FOB MED ULS 10 PPM

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9140-015569156 (SFD) N65959301A - NAVY EXCHANGEROTA

1 6500 TANKS LOC: CALLE DALMAU

Delivery Hours: 0700 1600 MON THRU FRI

Item: 0013

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

3 10000 TANKS @ BLDGS 2, 44 & 567

6 7500 TANKS @ BLDGS 1774 THRU 1778 & 1780

Item: 0014

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

3 10000 TANKS @ BLDGS 2, 44 & 567

6 7500 TANKS @ BLDGS 1774 THRU 1778 & 1780

Item: 0015

Period of Performance: 05/01/2019-04/30/2024

Escalator: PMGSFMDCRG- PLATTSMNTHLYGASOIL0.1FOBMEDCRGSAAVJI00

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

FUEL OIL, BURNER

Delivery Notes: DELIVERY MODE: A 100 FOOT HOSE EQUIPPED WITH 1 AND 1/2 INCH NOZZLE

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

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

(2) Reference price means the market price, this is either published in an independent publication or supplied by the

Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the

Table below) is--

[ ] (i) The low price published in _________________________________________________________.

(name of publication)

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

[ ] (iii) The established price posted by ______________________________________________________ and

(name of company) published in _________________________________________________________

(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 http://www.platts.com/ commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

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

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

CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price.

Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price.

The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

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

Adjustments.

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

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts shall not exceed _550__ percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the

Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting

Officer.

(2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the

Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting

Officer shall so promptly notify the Contractor in writing.

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

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

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

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

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

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

Schedule.

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

Contractor adherence to the wording of this contract text.

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

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

(k) TABLE.

NSN FUEL TYPE RECOMMENDED

BASE

REFERENCE

DATE:

15-Jan-18

PRICE USG PLATTS

CODE

TECH TEAM

Code EBS

CONVERSION

RATE

9130-01-527-

ULSD 10

PPM (SFD)

Platts ULSD

10ppmS FOB

Med Cargo

Previous

Monthly Ave

1-Sept-18 $2.089821 #AAVBH00 PMFMDUL10P 323.17

9140-00-247-

FUEL OIL,

BURNER (FS2)

Platts Gasoil 0.1%S

FOB Med Cargo

Previous Monthly

Ave

1-Sept-18 $2.056303 #AAXFQ00 PMGSFMDCRG 312.49

9130-01-527-

GASOLINE,

PREM (ULG)

Platts

Gasoline Prem

Unleaded

10ppmS FOB

Med Cargo

Previous

Monthly Ave

1-Sept-18 $1.988013 #PJAAV00 PMFMDPUL10 355.42

9130-01-031-

TURBINE

FUEL,

AVIATION

(JP8)

Platts Oilgram

Price Report

Jetkero FOB

NWE cargo

1-Sept-18 $2.18927 #PJAAV00 PMJKFBNWEC 328.42

9140-01-313-

GAS OIL,

MARINE

(MGO)

Platts

Bunkerwire

Algeciras

Marine Gasoil

Delivered

1-Sept-18 $2.381859 #AARTB00 BWALGECMGO 315.30

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the

EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s).

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] men

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.

(h) SPECIFICATION MODIFICATIONS

(1) TESTING

• Hydrogen sulfide testing is not required

• 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.

• 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.

• 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).