13_5_Synopsis_Solicitation_SPE60519R0205_as_of_01.11.19.pdf

SYNOPSIS/SOLICITATION

Issue Date January 11, 2019

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

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

OFFADD: Defense Logistics Agency Energy, 8725 John J. Kingman Road, Suite 4950

Ft. Belvoir, VA 22060-6222

SUBJECT: Africa Program 1.8F Agadez, Niger

SOLICITATION NUMBER: SPE605-19-R-205

OFFEROR RESPONSE DUE:

POINTS OF CONTACT: Delecia O. Bell, delecia.bell@dla.mil, 571-767-4409, Contract Specialist

Tonya Sterling, tonya.sterling@dla.mil, 571-767-9561, Contracting Officer

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

Requirements are as follows:

SEE ATTACHMENT: LINE ITEM NARRATIVES

SPECIAL INSTRUCTIONS

A. Solicitation Number SPE605-19-R-205 is issued as a Request for Proposal.

B. This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. The

NAICS code is 324110 and the size standard is 1500 employees.

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

0001 - B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA ENERGY JAN 2012).

D. CLOSING DATE: FEBRUARY 22, 2019; 4:30 PM, EASTERN STANDARD TIME. Offerors written proposals should be submitted in English and U.S. Dollars per U.S. Gallon, and signed by an authorized company official.

Quotations must be received by 4:30 PM, Eastern Standard Time, on February 22, 2019. Offers must be submitted by electronic mail (Email). Submit your proposal via email to DLA Energy FEPBA send email proposals to DLAEnergyFEPBA@dla.mil and please copy to delecia.bell@dla.mil, and tonya.sterling@dla.mil.

E. PROPOSAL SUBMISSION: Offeror(s) shall submit proposals and offer prices for all line items listed above in the

Post Camps and Stations (PC&S) Offeror Entry Tool (OET). PC&S OET is an external web application that allows prospective Posts, Camps & Stations ground fuel vendors to securely bid on a DLA-Energy fuel Solicitation. Offeror must register in the PCS OET application in order to submit proposals. In order to have system access to PCS OET, offerors must request the applicable user roles at:

https://amps.dla.mil mailto:tonya.sterling@dla.mil mailto:DLAEnergyFEPBA@dla.mil https://amps.dla.mil/

Once the registration is processed via AMPS, a DLA Energy Helpdesk ticket will be created to establish a unique User

Name and Password for access to PCS OET. You will be notified by email once your authorization request has been processed and then use this information to log on to register in the PCS OET application.

Please utilize the link above and/or the attached documents titled “Request for Role Guide” and “PCS OET Vendor

Guide” for assistance in acquiring access to AMPS and the PC&S OET application. If you experience trouble registering and additional assistance is needed please send an email to the DLA Enterprise Help Desk at

DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

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

G. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition. Offerors are advised to include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial

Items with their offer. This is included in the Offeror Submission Package. The clause at FAR 52.212-4, Contract

Terms and Conditions – Commercial Items, applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

The clauses incorporated by reference as a result of the inclusion of FAR 52.212-5 are as follows:

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

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

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

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O. 13513)

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

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

U.S.C. 3332)

The Government will award a contract resulting from this solicitation to the responsible offeror with a technically acceptable proposal with the lowest evaluated price. The following factors shall be used to evaluate offers:

1. Price, 2. Supplies; Terms and Conditions. (See TOC for FAR 52.212-2)

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

PLATTS OILGRAM Report. The base reference date will be December 01, 2018.

LIST OF ATTACHMENTS

THE FOLLOWING ARE INCLUDED IN THIS SOLICITATION

TITLE LOCATION

[X] NOTICE OF WORLDWIDE WEB SOLICITATION ISSUANCE COVER SHEET

[X] SF 1449, SOLICITATION/ LINE ITEM NARRATIVES ATTACHMENT A

[X] C-QUALITY ASSUREANCE PROVISIONS ATTACHMENT B

[X] E-QUALITY ASSUREANCE PROVISIONS ATTACHMENT C

[X] BASE REFERENCE ESCALATOR & PRICE ATTACHMENT D

[X] AMPS REQUEST FOR ROLE GUIDE ATTACHMENT E

[X] PCS OET VENDOR GUIDE ATTACHMENT F

mailto:DLAEnterpriseHelpDesk@dla.mil

SECTION B: SUPPLIES OR SERVICES PRICE COST

SPECIAL NOTES REGARDING DIESEL FUEL PRODUCT IN THIS SOLICITATION:

1. Offerors are informed that the Government’s requirement for this solicitation is Ultra Low Sulfur Diesel, (ULSD) (15-PPM

Sulfur Maximum) NSN: 9140-01-556-9156, as defined by Solicitation Provision C16.67-2, Diesel Fuel Specification (SFD)

(PC&S) (EUROPE) (MIDDLE EAST) (DLA ENERGY AUG 2017). Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter.

2. Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email. Emails over

10MB may not be delivered because of server restriction on mail size for delivery.

3. Offerors must submit pricing in unit price/per USG format; Example: ($0.000000/USG).

4. The offeror will need to establish product, supply, import arrangement and agreement with local authorized country importer and will additionally be required to obtain import/export license required by local laws.

5. Niger, Ministry of Energy and Petroleum special exemption may be issued for military use of petroleum product designated for Military/Government “Use”.

6. Offeror’s must possess valid/current operating certificates, permits, or equivalent licenses required to operate in the prescribed jurisdiction (i.e., Nigerien State and Ministry of Energy and Petroleum).

7. Offeror’s, the Société nigérienne des produits pétroliers (SONIDEP) a state-owned company is responsible for demand and supply for petroleum products in Niger. SONIDEP is responsible for the importation, transportation, storage, refining and marketing of petroleum products in Niger.

8. The West African Economic and Monetary Union (WAEMU), namely Niger, requires prior authorization from the Ministry of Finance, Ministry of the Interior, Ministry of Energy and Petroleum to import, have possession, transport, sell or interchange fuel/petroleum products in Niger.

9. Offerors note: The fuel to be supplied under the resultant contract from this solicitation will be tax exempt.

10. Offeror’s Fuel for this requirement must be sourced from outside Agadez, Niger. European supply routes/sources will be accepted for these requirements. Additionally, Sasol South Africa (SSA) through the South Africa’s Clean Fuel II Standard have launched 10-ppm Diesel Fuel.

11. Info: South Africa's Clean Fuels II standard, began in 2017, reduces the allowable sulfur content to 10 ppm. Sasol South

Africa (SSA) has launched 10-ppm diesel at selected filling stations starting in 2013.

12. For issues of Force Majeure, Offerors may need to obtain Business Interruption Insurance.

13. The contractor selected for award shall be ready to deliver fuel in accordance with the contract requirements within 30 days after award.

14. Offeror must have intermittent (operational) fuel storage of 30-days operational quantity.

15. Offeror’s must submit their supply distribution lead time with their offer/proposal.

16. Letters of commitment are also required from the Petroleum Supplier or their agent and needs to be submitted during the offer. Letters of commitment must state the total quantity, of the product, the specification the source of supply, the length of time the commitment letter is good for, the solicitation it will be supplied to and be placed on the Petroleum supplier letterhead and stamped and signed by an official of either of those entities.

17. The Fuel Source Data Sheet attached will be used to show all of the refineries or terminal sources where the offeror is sourcing the fuel to be provided to the U.S. Government.

18. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel which meets the required specification(s), the offeror must present either a current, full specification Refinery Certificate of Quality (COQ) or if sourcing from a location which blends several batches from more than one refinery source (terminal), a current, full specification, Certificate of Analysis (COA), of that blended product.

a. Certificates of Analysis will contain the source information specification tested to, along with the test methods used for testing. The certificate will also be signed and stamped by the laboratory manager and be within 30 days of submission from a batch out of the terminal storage tank(s) or refinery batch tank(s) to be used for actual supply.

b. All test certificates submitted shall be translated into English and will be in the same format as required by the original. The original, non-English version will need to accompany the translated version and the offer must ensure that they are one in the same.

c. Translated version must be signed and stamped by the person that performed the translation and the method of translation included.

19. “All offerors responding to this solicitation must complete and submit the AFRICOM Foreign Vendor Vetting (AFVV) information datasheet. Offerors not providing the requisite AFVV information data for vendor vetting shall not be considered for award”.

20. Conveyance that are epoxy coated or saran lined should be steam cleaned – washing with hot fresh water, not exceeding 56-degrees Celsius (136 degrees Fahrenheit), and dried thoroughly. See Solicitation Clause QAP E1.

CONTRACT

PROVISION NUMBER

CONTRACT PROVISION TITLE PAGE

B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA

ENERGY JAN 2012)

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

ENERGY JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S)

(EUROPE)(MIDDLE EAST) (DLA ENERGY AUG 2017)

See Attachment

C-QAP

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) 17

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT

(MAR 2008)

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILTIES

(SEP 2013)

See Attachment E-

QAPs

E-0001

E12 POINT OF ACCEPTANCE (JUL 2015) See Attachment E-

E-0002

E18.01 SAMPLE SUBMISSION (AUG 2009) See Attachment E-

E-0003 E21.1 POINT OF ACCEPTANCE (JUN 2015) See Attachment E-

E-0004

E22 LIST OF INSPECTION OFFICES FOR DLA

ENERGY CONTRACTS (APR 2016)

See Attachment E-

E-0005

E35 NON-CONFORMING SUPPLIES AND SERVICES

(DEC 2011)

See Attachment E-

E-0006

E37 SOURCE RESTRICTION AND SOURCE

INSPECTION (PC&S) (DEC 2011)

See Attachment E-

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION OF QUANTITY (APR 1984) 19

FAR 52.247-34 F.O.B DESTINATION (NOV 1991) 19

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT

TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS

(DLA ENERGY, JAN 2012)

F-0002 F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S)

(DLA ENERGY, JAN 2012)

F-0003 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER

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

ENERGY, AUG 2005)

F-0004 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (APR 2005)

F-0005 F-4 DELIVERY AND ORDERING PERIODS (DLA ENERGY,

JUN 2002)

F-0006 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA

ENERGY) (APR 2014)

SECTION G: CONTRACT ADMINISTRACTION DATA

CONTRACT PROVISION TITLE PAGE

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016) 25

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 26

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM

FOR AWARD MANAGEMENT (JUL. 2013)

FAR 52. 232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER

THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

FAR 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER

INFORMATION WITH OFFER (JUL 2013)

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT

(FEB 2014)

DFARS 252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES

(NOV 2001)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY,

AUG 1998)

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE

MAILED (DLA ENERGY, JAN 2017)

G-0003 G9.07-5 ELECTRIC TRANSFER OF FUNDS PAYMENTS-

FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA

ENERGY, JAN 2012)

G-0004 G150.06 SUBMISSION OF INVOICES FOR PAYMENT

(DOMESTIC PC&S) (DLA ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES

CLAUSE PROVISION

NUMBER

FAR 52.202-1 DEFINITIONS (NOV 2013) 36

FAR 52.203-3 GRATUITIES (APR 1984) 37

FAR 52.203-6 RESTRICTION ON SUB-CONTRACTORS SALES TO THE

GOVERNMENT (SEPT 2006)

IBR

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(OCT 2015)

IBR

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN

2017)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2016)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

FAR 52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

IBR

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013)

IBR

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (NOV 2015)

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 (DEVIATION 2018-O00210)(SEP 2018)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 52

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017) IBR

FAR 52.219-16 LIQUIDATED DAMAGES SUBCONTRACTING PLAN(JAN 1999) IBR

FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2016) IBR

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) IBR

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW

INFORMATION (MAY 2011)

FAR 52.223-18 ENCOURAGING CONTRACTING POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

IBR

FAR 52.232-17 INTEREST (MAY 2014) 53

FAR 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF

ELECTRONIC FUNDS (JUL 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014) 54

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 56

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

FAR 52.242-13 BANKRUPTCY (JUL 1995) 56

FAR 52.247-16 CONTRACTOR RESPONSIBILITY FOR RETURNING

UNDELIVERED FREIGHT (APR 1984)

DFAR 252.203-7000 REQUIREMENTS RELATING TO FORMER DOD OFFICIALS

(SEP 2011)

DFAR 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

DFAR 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) 57

DFAR 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 58

DFAR 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (OCT 2016)

DFAR 252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT

CONTRACTORS (MAY 2016)

DFAR 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

DFAR 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

DFAR 252.216-7006 ORDERING (MAY 2011) 63

DFAR 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012)

DFAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY

2013)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 66

DFAR 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 67

DFAR 252-243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 67

DFAR 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUNE 2013) 68

DLAD 52.233-9001 DISPUTES, AGREEMENT TO USE ALTERNATIVE

ALTERNATE RESOLUTION (DEC 2016)

I-0001 I2.03 CHANGES FIXED PRICE (DEVIATION) (DLA ENERGY,

JAN 2012)

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR

CAUSE – COMMERCIAL ITEMS (DLA ENERGY, FEB 1996)

I-0003 I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA

ENERGY JAN 2012)

I-0004 I186 PROTECTION OF GOVERNMENT PROPERTY AND

SPILL PREVENTION (DLA ENERGY, FEB 2009)

I-0005 I190.06 MATERIAL SAFETY DATA SHEETS- COMMERCIAL

ITEMS (DLA ENERGY, APR 2006)

I-0006 I209.09 EXTENSION PROVISIONS (JAN 2012)

SECTION K: REPRESENTATION AND CERTIFICATIONS

CONTRACT PROVISION TITLE PAGE

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS

COMMERCIAL ITEMS (OCT 2018)

DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN

GOVERNMENT (JUN 2010)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY,( MAR 2009) 87

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 88

K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY, MAY 2014) 88

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CONTRACT PROVISION

NUMBER

CONTRACT PROVISION TITLE PAGE

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (Oct

2018) (DEVIATION 2018-O0018)

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) 92

FAR 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITION (JAN 2017)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 95

FAR 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B

ORIGIN OFFERS (APR 1984)

DLAD 33.103 PROTEST TO THE AGENCY (DEC 2016) 96

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 91) 96

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY, OCT 2010) 96

L-0003 L54 SITE VISIT (DLA ENERGY OCT 1992) 97

L-0004 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO

BE UTILIZED IN THE DELIVERY OF PRODUCT (PC&S (DLA

ENERGY, JAN 2012)

SECTION M: EVALUATION FACTORS FOR AWARD

CONTRACT PROVISION TITLE PAGE

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 98

M-0001 PROCUREMENT NOTE: L08 USE OF PAST PERFORMANCE

INFORMATION RETRIEVAL SYSTEM—STATISTICAL REPORTING

IN PAST PERFORMANCE EVALUATIONS (OCT 2016)

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 99

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(DLA ENERGY APR 1997)

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

Additional Terms and Conditions:

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

A. LATE OFFERS: Please note that offers must be received by, February 22, 2019, 4:30 PM Eastern Time.

Any offer received after 4:30 PM will be considered “late” and may be determined unacceptable. Offeror(s) assume all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 Instructions to Offerors.

B. AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (JAN 2017). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their “best prices” with their “initial offer”. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with

Offerors whose proposals have been determined to be within the competitive range.

C. CONTRACT TYPE: Contracts awarded as a result of this solicitation will be REQUIREMENTS TYPE

CONTRACTS, AWARDED 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). The fuel requirements issued under this solicitation is for a date of Award through July 31, 2020.

D. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition. Proposals will be evaluated and awards made in accordance with the FAR 15.101-2, Lowest

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

E. After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday) in accordance with solicitation provision DEPI 16.203-4 Economic Price Adjustment (PC&S) (NOV 2018) based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices daily under “Vendor Resources/Price Adjustments” on the DLA Energy homepage at http.www.energy.dla.mil.

F. ORDERING PERIOD : The ordering period for all contracts awarded under this solicitation will be

Date of Award through July 31, 2020. Quantities stated in the SCHEDULE represent the government’s best estimates covering this period.

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

H. SYSTEM FOR AWARD MANAGEMENT (SAM): FAR registration is required prior to contract award.

FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (Oct 2018) applies to this acquisition. Offerors shall complete this provision in the System for Award Management (SAM) system. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

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

I. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your

CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

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

Sheet(s) in your Offeror Submission Package.

K. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF

http://www.energy.dla.mil/ http://www.acquisition.gov/

FPH1448

Highlight

AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS

WITH THE GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT

FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE

GOVERNMENT.

L. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY

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

M. All offerors are also required to complete and submit all forms provided in the Offeror Submission Package, OSP. Offer price(s) are to be input in the Offer Evaluation Tool (OET) by price per U.S. gallon. Please annotate all applicable taxes/fees included in offer price(s) in the taxes section of the OET. If you do not have access to OET, you may submit your Offer using the Price Data Sheet or list them by state on a separate sheet of paper and submit with offer. As a reminder, all taxes and fees must be included in your offer price.

N. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities. Certificates of Analysis may be required upon request and/or when a Pre-Award Survey is requested.

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

P. POINTS OF CONTACT:

Emergency Situations after Duty Hours Operations Center, Contingency Plans and Operations Division

(571)767-8420

Information Regarding Solicitation SPE605-19-R-205:

Points of contact for information regarding this solicitation are:

Delecia Bell Tonya Sterling

Acquisition Specialist Contracting Officer

Phone (571)767-4409 Phone: (571)767-9561

Email: delecia.bell@dla.mil Email: tonya.sterling@dla.mil mailto:danette.stewart@dla.mil mailto:tonya.sterling@dla.mil

SPECIAL NOTES:

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

INCLUDE AT A MINIMUM:

(1) The solicitation number,

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

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

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

(5) Terms of any express warranty,

(6) Price and any discount terms,

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

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

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

(10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation on Company Letterhead and signed and dated by an Officer of the

Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

NOTE 3: TO BE VALID ALL OFFERORS ARE REQUIRED to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-19-R-205.

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

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

NOTE 6: LATE OFFERS: Please note that offers must be received by February 22, 2019, 4:30 pm Eastern Standard Time.

Any offers received after the above deadline will be deemed “late” and not be considered. (Ref: FAR 15.208)

NOTE 1: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL PACKAGES UNDER THE SUBJECT SOLICITATION

MUST BE REGISTERED in the System For Award Management (SAM) at https://www.sam.gov, Wide Area Work Flow

(WAWF) at https://www.wawf.eb.mil (which includes myInvoice) and DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil PRIOR TO BEING ACCEPTABLE BY THE DEADLINE FOR DATE AND TIME OFFERS ARE

SUBMITTED).

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

SOLICITATION PROVISIONS/INTERNAL PROVISIONS

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

_______-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED ANNUAL QUANTITY PRICE (USD/USG)

0001 DIESEL FUEL (SFD) 1,512,000 USG $_______________

(NSN: 9140-01-556-9156)

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 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.

http://www.platts.com/

(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 350 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.

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

(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.

I II III IV V VI VII

Name of If company - Reference Maximum price company/ name of product; Method of price payable under publication If publication - delivery as of this contract

(identify heading under applicable Dec 01, 2018 (includes any

Item No. by number which reference Location where to the (date) tax included

(listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes p rice .

SEE ATTACHMENT D FOR “REFERENCE ESCALATORS”

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT B: QUALITY ASSURANCE PROVISIONS, C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

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

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

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

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

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

(e)

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

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

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The

Government may reject nonconforming supplies with or without disposition instructions.

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

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

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

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

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

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the

Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the

Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the

Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the

Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material

Inspection and Receiving Report, of the Defense FAR Supplement.

(a) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense

FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at

252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

SEE ATTACHMENT C: QUALITY ASSUREANCE PROVISIONS, E-QAPs

SECTION F: DELIVERIES OR PERFORMANCE

FAR…