SPE605-19-R-0203.pdf

SPE605-19-R-0203 GREECE 1.6U PC&S Page 2 of 74

INFORMATION TO OFFERORS

PURCHASE PROGRAM: GREECE 1.8D

PERIOD OF PERFORMANCE: DATE OF AWARD 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 February 04, 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: jermaine.smith@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. Certificates of Analysis III a. Pricing Sheet

(a) Solicitation Number SPE605-19-R-0203 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 0004.

CLOSING DATE AND TIME: February 04, 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

SPE605-19-R-0203 GREECE 1.6U PC&S Page 3 of 74 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.

(e) 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.

(f) 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, February 04, 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.

(g) 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).

(h) 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.

(i) 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 25 October 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 from 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 indicated in their Offeror Submission Packages for 160 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(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

SPE605-19-R-0203 GREECE 1.6U PC&S Page 4 of 74 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:

Jermaine Smith, Contracting Specialist Phone (571) 767-1796 Email: Jermaine.Smith@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 WorkFlow (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.

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,

• Terms of any express warranty,

• Price submitted through PC&S OET

• Any discount terms,

• “Remit to” address, if different than mailing address, http://www.acquisition.gov/ 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/

SPE605-19-R-0203 GREECE 1.6U PC&S Page 5 of 74

• 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 AND COMMITMENT LETTERS FOR QUANTITY OF FUEL AND TRANSPORTATION AGREEMENTS WITH YOUR

OFFER.

SPE605-19-R-0203 GREECE 1.6U PC&S Page 6 of 74

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)………………………………………….10

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK……………………………………………..…………12 C1.02 - ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)………………………………………………...12

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)……….13

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

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

FAR 52.247-34 F.O.B. – DESTINATION (NOV 1991)

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

JAN 2012) 16

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)… ... 19 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY AUG 2005) 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) 21

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) .29 DFARS 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).38

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

FAR 52.229-6 TAXES- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

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

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

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 (OCT 2018)

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

EXECUTIVE ORDERS - COMMERCIAL ITEMS (JOCT 2018)

DFARS 252.216-7006 -- ORDERING (MAY 2011)

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)

Neumann, Jacqueline L CIV DLA ENERGY (USA) In the Acquisition Plan for Supplies, you mention that the source selection strategy will be in accordance with FAR 12.6, we should include that regulation into the Solicitation.

SPE605-19-R-0203 GREECE 1.6U PC&S Page 7 of 74

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.223-3 -- HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(JAN 1997)

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)

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

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

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) 55

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 (JUN 2010)

DFARS 252.216-7006 ORDERING (MAY 2011)

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

DFARS 252.225-7021 TRADE AGREEMENTS-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 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

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

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

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.244-7000 SUBCONTRACTORS FOR COMMERCIAL ITEMS (JUN 2013)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA BASIC

(APR 2014)…………………………………………………………

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

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

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)

SECTION J: ATTACHMENTS

ATTACHMENT A:

ATTACHMENT B:

ATTACHMENT C:

SECTION K: REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

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

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

FEDERAL TRANSACTIONS (SEPT 2007)

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

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016)

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

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

(NOV 2015)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

SPE605-19-R-0203 GREECE 1.6U PC&S Page 8 of 74

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

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (OCT 2018) FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

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

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

SPONSOR OF TERRORISM (DEC 2018)

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

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

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

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

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

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

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

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

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

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

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

SPE605-19-R-0203 GREECE 1.6U PC&S Page 9 of 74 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 #: 0077340912

Item: 0002 Quantity: 171,000UoM: UG6 Period of Performance: 05/19/2019-04/30/2024 Escalator: S13D9408P4- SUPPLIER NOTICE 13D9408 PUB 4 Base-Ref: 10/25/2018 Base-Price: 1.890017

NSN Delivery Identification State

9130-015275763 (ULG) 19K010850 - ATHENS

GASOLINE,AUTOMOTIVE

Delivery Address: US EMBASSY 91 VASILLISSIS SOFIAS ATHENS, GREECE 11521 11521 Service Code Delivery DODAAC Ordering Office DODAAC DS 19K010 19K010 Mode Receipt % Max Parcel Min Parcel FOB Restriction TANK TRUCK No. of Tanks Capacity Type Tank Location

1 1915 TANKS

1 3300 TANKS

Delivery Mode Notes: DELIVERY FOB DESTINATION BY TANKTRUCK WITH PUMP AND METER INTO GOVERMENT STORAGE Delivery Notes: SPEC MODIFIED ASTM D 4814 OR COMM EQUIV(95 Octane).

Item: 0003 Quantity: 830,000UoM: UG6 Period of Performance: 05/19/2019-04/30/2024 Escalator: PDFOBPUL10- P-DAILY PREM UNL 10PPM FOBMED AAWZA00 Base-Ref: 10/25/2018 Base-Price: 1.890017 NSN Delivery Identification State

9130-015275763 (ULG) SOUDANSA - NAS SOUDA BAY 26

GASOLINE,AUTOMOTIVE

Delivery Address: MOUZOURAS AKROTIRIOU FLCSI CHANIA, CRETE 26 73100 Service Code Delivery DODAAC Ordering Office DODAAC NAVY SE6N00 SE6N00 Name Phone

EKATERINI KARAMANOU 0030-28210-21233

Mode Receipt % Max Parcel Min Parcel FOB Restriction TANK TRUCK No. of Tanks Capacity Type Tank Location

1 1000 TRUCK MILITARY TRUCK #249B (AT PEH-3653)

2 10000 BELOW GROUND TANK GOVT STORAGE TANK

Delivery Mode Notes: w/pump & meter Delivery Hours: 0900 1600 MONDAY THRU FRIDAY Delivery Notes:

Special Messages: THIS FUEL IS CAPITALIZED Item: 0004 Quantity: 129,000UoM: UG6 Period of Performance: 05/19/2019-04/30/2024 Escalator: - PDFOBULSD - PLATTS DAILY FOB ULSD 10PPM #AAWYY00 Base-Ref: 10/25/2018 Base-Price: 2.015138

NSN Delivery Identification State

9140-015569156 (SFD)

DIESEL FUEL

N66691500 - NSA SOUDA BAY GR

Delivery Address: US NAVSUPPAC SOUDA BAY CRETE GR 09865 Service Code NAVY Delivery DODAAC Ordering Office DODAAC N66691

N66691

SPE605-19-R-0203 GREECE 1.6U PC&S Page 10 of 74

Name

MARY HARSHBERGER

Phone

(314) 266-1441

Mode

TANK TRUCK

Receipt % Max Parcel Min Parcel FOB Restriction

No. of Tanks Capacity Type

1 100 ABOVE

GROUN

D

TANK(S) Tank Location

BLDG. 14 (WATER PLANT)

1 1000 BELOW GROUN

D

TANK BLDG. 93 (FIRE DEPARTMENT)

1 2000 ABOVE GROUN

D

TANK(S) BLDG. 66 (GYM/FITNESS CENTER)

1 2000 BELOW GROUN

D

TANK BLDG 8 (BOQ)

1 2500 BELOW GROUN

D

TANK BLDG. 48 (BEQ/BOQ)

1 3000 ABOVE GROUN

D

TANK(S) BLDG 2 (GALLEY)

1 3180 BELOW GROUN

D

TANK BLDG. 84 (BEQ

3 3690 BELOW GROUN

D

TANK BLDG 28 (GENERATORS BLDG)

2 4000 BELOW GROUN

D

TANK BLDG. 49 (BEQ) & BLDG. 56 (BEQ)

1 430 BELOW GROUN

D

TANK BLDG 15 (TRANSPORTATION)

1 500 BELOW GROUN

D

TANK BLDG 18 (NEXMART)

1 550 ABOVE GROUN

D

TANK(S) BLDG. 96 (MWR CLUB

Delivery Hours: 0900 1700 MONDAY THRU FRIDAY Delivery Notes: Delivery into a military truck (N9652012, IHC ISOMETRIC) with capacity 1,200 gallons Delivery Mode Notes: NOTE: Delivery FOB destination by Tank Truck (TT) w/pump & meter, 180 ft. hose and 1-1/✒ nozzle into government storage.

Product specification report to be furnished with each shipment.

Item: 0005 Quantity: 265,000UoM: UG6 Period of Performance: 05/19/2019-04/30/2024 Escalator: PDFOBULSD - PLATTS DAILY FOB ULSD 10PPM #AAWYY00 Base-Ref: 10/25/2018 Base-Price: 2.015138 NSN Delivery Identification State

9140-015569156 (SFD) SOUDANSA - NAS SOUDA BAY 26

DIESEL FUEL

Delivery Address: MOUZOURAS AKROTIRIOU FLCSI CHANIA, CRETE 26 73100 Service Code Delivery DODAAC Ordering Office DODAAC NAVY SE6N00 SE6N00 Name Phone

EKATERINI KARAMANOU 0030-28210-21233

Mode Receipt % Max Parcel Min Parcel FOB Restriction TANK TRUCK

No. of Tanks Capacity Type Tank Location Delivery Hours: 9:00|16:00|MONDAY TO FRIDAY| Delivery Ticket Notes:

Special Messages: THIS FUEL IS CAPITALIZED Delivery Mode Notes: W/ PUMP & METER

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.

1 10000 BELOW GROUND TANK GOVT STORAGE TANK

1 2000 TRUCK MILITARY TRUCK #249A (PEH-3653)

1 2000 TRUCK MILITARY TRUCK #611 (HKZ-7875)

SPE605-19-R-0203 GREECE 1.6U PC&S Page 11 of 74

(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 ________________________________________________.

(name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

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

http://www.platts.com/

SPE605-19-R-0203 GREECE 1.6U PC&S Page 12 of 74

(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.

(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 Daily Ave

25-Oct-18 $2.015138 #AAWYY00 PDULSDFOB $323.17

9130-01-527-

GASOLINE,

PREM (ULG)

Platts Gasoline Prem Unleaded 10ppmS FOB Med Cargo Previous Daily Ave

25-Oct-18 $1.890017 #AAWZB00 PMPULCIFME $355.42 http://www.desc.dla.mil/

SPE605-19-R-0203 GREECE 1.6U PC&S Page 13 of 74

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

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

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE PRODUCT CODE

9130-01-527-5763 Gasoline, Premium, Unleaded ULG

Supplies delivered under this contract shall conform to all National and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. 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. In the event that a National and/or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited.

Product shall conform to the latest revision of commercial specification EN 228, Gasoline, Automotive, Unleaded, Premium roduct classification is shown above.

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

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. 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. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered a nonconforming supply. Product(s) supplied shall fully meet the requirements of the applicable specification(s) as cited below.

Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content, as stated in EN 590, is 10 mg/kg (0.0010 wt%).

(b) FOR LOCATIONS IN KOSOVO:

a. TESTING REQUIREMENTS: The following additional tests shall be performed and results reported:

SPE605-19-R-0203 GREECE 1.6U PC&S Page 14 of 74

i. Color: ISO 2049/ASTM D1500

ii. Acid Number: ISO 6618/ASTM D974

b. In addition to the EN 590 specification requirement for water content of 200 mg/kg or ppm (0.0200 wt%) maximum, and particulate content of 24 mg/kg or ppm (0.0024 wt%) maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 °C (77 °F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg (0.0024 wt%) sediment and no more than 200 mg/kg (0.0200 wt%) water.

c. Diesel during the summer months, May 1st to September 30th, shall comply with Grade A of Table 2 in EN 590.

d. Diesel during winter months, October 1 to April 30th, shall comply with the Class 1 limits set in Table 3 of EN 590.

(c) FOR LOCATIONS IN AFGHANISTAN: Diesel fuel delivered to all locations in Afghanistan shall meet the Grade E, - 15°C maximum cold filter plugging point, as detailed in EN 590 Section 5.6.1, Table 2 – Climate Related Requirements and Test Methods – Temperate Climates.

(d) FOR ALL LOCATIONS: Written exception(s) or deviation(s) must be submitted to DLA Energy contracting officer if the

Contractor is unable to meet any of the characteristic requirements of the above listed specification(s). Exception(s) and/or deviation(s) must state the reason why the contractor is unable to meet requirements, if this will be for the entirety of the performance period, if it is source specific, the Contractor’s course of action on how they plan on resolving this changes to specification requirement limit(s) for that product.

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

Supplies delivered under this contract/solicitation shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract/solicitation is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract/solicitation, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply.

(a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to (Filled in by DLA Energy Quality Technical (QT) on EBS SCHEDULE B and cited as CQAPS).

(b) FUEL OIL, DIESEL. Product shall conform to (Filled in by DLA Energy QT on EBS SCHEDULE B and cited as CQAPS).

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

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

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

SPE605-19-R-0203 GREECE 1.6U PC&S Page 15 of 74

(e)

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

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

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

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

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

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

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