SPE605-19-R-0212__IRAQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0078630621

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE605-19-R-0212

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

SHANON SHEFFIELD

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

Phone: 571-767-9084

8. OFFER DUE DATE/

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

DATE

1 Apr 2019

LOCAL TIME

30 Apr 2019

NET 30

X

X

X 1

SPE605-19-R-0212

TABLE OF CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

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

ENERGY JAN 2012)

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) 15

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY OCT 2018) 20

C-0002 C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY JUN 2017)

C-0003 C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST)

(DLA ENERGY NOV 2018)

a) FOR LOCATIONS IN KOSOVO:

SECTION E – INSPECTION AND ACCEPTANCE

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

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

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E-0002 ENERGY QAP E21.01 (JUN 2015) POINT OF INSPECTION

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E-0005 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006)

E-0006 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0007 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY

DEC 2011) 38

E-0008 E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY

AVIATION FUEL) (DLA ENERGY JUL 2014)

SECTION F – DELIVERIES AND PERFORMANCE

FAR 52.211-16 – VARIATION IN QUANTITY (APR 1984)

FAR 52.242-15 -Stop-Work Order (Aug. 1989)

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

F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

F-0003 F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA

ENERGY SEP 2005)

F-0004 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 45

F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (PC&S) (DLA ENERGY AUG 2005)

F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)

(DLA ENERGY APR 2005)

F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F-0008 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY

APR 1998) 47

F-0009 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G - CONTRACT ADMINISTRATION DATA

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

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012)

SECTION I – CONTRACT CLAUSES

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

(End of Clause)

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

ITEMS (DLA ENERGY FEB 1996)

I-0003 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA

ENERGY FEB 2009)

I-0004 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY

OF EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

FAR 52.203-3-GRATUTITIES (APR 1984)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

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 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) FAR 52.209-1-Qualification Requirements (Feb 1995) 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 (JAN 2019)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

FAR 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999)

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

(JAN 1997) 74

FAR 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

FAR 52.228-3 –WORKERS’ CONPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014) ... 75

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

FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.252-2 -Clauses Incorporated by Reference (Feb 1998)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

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 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT

2015) 85

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 252.225-7979 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS

(DEVIATION 2018-O0008) (DEC 2017)

DFARS 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION

2015-O0016) (SEP 2015)

DFARS 252.225-7039-DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY

FUNCTIONS OUTSIDE THE UNITED STATES (JUN 2016)

DFARS 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

CENTRAL COMMAND AREA OF RESPONSIBILITY. (DEVIATION 2015-O0009) (JAN 2015)

DFARS 252.225-7997-CONTRACTOR DEMOBILIZATION (DEVIATION 2013-O0017) (AUGUST

2013) 107

DFARS 252.229-7001 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)

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

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

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

DFARS 252.232-7011 - PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY

OPERATIONS (MAY 2013)

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

DFARS 252.237.7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

DFARS 252.243.7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.243.7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS-252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE AND EQUIPMENT FOR

MILITARY OPERATIONS (OCT 2010)

DFARS 252.247.7023 Alt 1 TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE I (APR 2014) 116

DFARS 252.247.7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

C-JTSCC 5152.225-5916 MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS (OCT 2015)

C-JTSCC-5152.225-5902 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS

(JUN 2015) 120

C-JTSCC-5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS

FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY

(AOR)(JUN 2015)

C-JTSCC 5152.225-5908 GOVERNMENT FURNISHED CONTRACTOR SUPPORT

(JUN 2015) 122

C-JTSCC 5152.225-5915 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY... 124

(JUN 2014) 124

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

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

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

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

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) .. 127

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

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

FAR 52.209-7-Information Regarding Responsibility Matters (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 (NOV 2014)

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

1992) 152

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L-0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0002 L54 SITE VISIT (DLA ENERGY OCT 1992)

L-0003 L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012)

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018)

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

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

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

FAR 52.232-38 -- SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (OCT 2013)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (NOV 2011)

SECTION M – EVALUATION FACTORS FOR AWARD

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

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

ATTACHMENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

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

JAN 2012)

1. 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. 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 provision.

2. 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.

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

SUPPLIES DELIVERY POINTS ESTIMATED OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY (USG) PRICE ($/USG)

0001 Midgrade Unleaded Gasoline (MUM) 162,000 USG $______________/USG

NSN: 9130-01-272-0983

Delivery Location: Bashur Air Base, Iraq Delivery Note: Tank Truck-TT with pump and meter Deliveries are every other Sunday. Tanks are top loaded.

0002 Diesel Fuel (SFD) 3,960,000 USG $______________/USG

NSN: 9140-01-556-9156

Delivery Location: Bashur Air Base, Iraq Delivery Note: Tank Truck-TT with pump and meter Tanks are top loaded.

0003 Turbine Fuel, Aviation (JP8) 3,960,000 USG $______________/USG

NSN: 9130-01-031-5816

Delivery Location: Bashur Air Base, Iraq Delivery Note: Tank Truck-TT with pump and meter All JP8 deliveries need to come equipped with an adapter to connect to a 4” female CAMLOC

0004 Turbine Fuel, Aviation (JP8) 9,504,000 USG $______________/USG

NSN: 9130-01-031-5816

Delivery Location: Q-West, Iraq Delivery Note: Tank Truck-TT with pump and meter with 2-inch adapter On-site storage: 1x20,000 USG fuel blivet The Government reserves the right to make multiple awards to this location

0005 Midgrade Unleaded Gasoline (MUM) 356,400 USG $______________ /USG

NSN: 9130-01-272-0983

Delivery Location: Q-West, Iraq Delivery Note: Tank Truck-TT with pump and meter with 2-inch adapter On-site storage: 1x20,000 USG fuel blivet The Government reserves the right to make multiple awards to this location

0006 Diesel Fuel (SFD) 324,000 USG $______________ /USG

NSN: 9140-01-556-9156

Delivery Location: Q-West, Iraq Delivery Note: Tank Truck-TT with pump and meter with 2-inch adapter On-site storage: 1x20,000 USG fuel blivet

0007 Aviation Turbine Fuel (JP8) 53,460,000 USG $_____________/ USG

NSN: 9130-01-031-5816

Delivery Location: Al Asad Air Base, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

The Government reserves the right to make multiple awards to this location

0008 Diesel Fuel (SFD) 1,742,400 USG $______________/ USG

NSN: 9140-01-556-9156

Delivery Location: Al Asad Air Base, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

The Government reserves the right to make multiple awards to this location

0009 Midgrade Unleaded Gasoline (MUM) 1,584,000 USG $ ______________/ USG

NSN: 9130-01-272-0983

Delivery Location: Al Asad Air Base, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

The Government reserves the right to make multiple awards to this location

0010 Aviation Turbine Fuel (JP8) 11,736,000 USG $ ______________/ USG

NSN: 9130-01-031-5816

Delivery Location: Erbil, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

The Government reserves the right to make multiple awards to this location

0011 Diesel Fuel (SFD) 17,100,000 USG $______________/ USG

NSN: 9140-01-556-9156

Delivery Location: Erbil, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

The Government reserves the right to make multiple awards to this location

0012 Midgrade Unleaded Gasoline (MUM) 1,742,400 USG $______________/ USG

NSN: 9130-01-272-0983

Delivery Location: Erbil, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

0013 Aviation Turbine Fuel (JP8) 1,512,000 USG $______________/ USG

Delivery Location: Al Qaim, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2,3, and 4 inch connections. Must have cam-loc and unisex couplings with a minimum 20ft hose.

0014 Aviation Turbine Fuel (JP8) 576,000 USG $______________/ USG

Delivery Location: Kirkuk, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able t connect to a 2” female connection.

0015 Aviation Turbine Fuel (JP8) 7,484,400 USG $______________/ USG

NSN: 9130-01-031-5816

Delivery Location: Al Taqaddum-TQ, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to connect to a 2” female connection.

0016 Midgrade Unleaded Gasoline (MUM) 158,400 USG $______________/ USG

Delivery Location: Al Taqaddum-TQ, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex couplings with a minimum 20ft hose

0017 Aviation Turbine Fuel (JP8) 5,346,000 USG $______________/ USG

Delivery Location: Taji, Iraq Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to connect to a 2” female connection.

0018 Midgrade Unleaded Gasoline (MUM) 72,000 USG $______________/USG

Delivery Location: K1-LCF, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 3,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

Vehicles must be staged at Erbil International Airport, Iraq, the day prior to departure. Convoy is every 4 days with 2 day travel time.

0019 Diesel Fuel (SFD) 3,564,000 USG $______________/USG

Delivery Location: K1-LCF, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

0020 Turbine Fuel, Aviation (JP8) 3,564,000USG $______________/USG

Delivery Location: K1-LCF, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

0021 Turbine Fuel, Aviation (JP8) 3,888,000 USG $______________/USG

Delivery Location: KLZ-Kobane, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into 4-50,000 USG fuel bladders.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

0022 Midgrade Unleaded Gasoline (MUM) 180,000 USG $______________/USG

Delivery Location: KLZ-Kobane, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 20,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

0023 Diesel Fuel (SFD) 4,860,000 USG $______________/USG

Delivery Location: KLZ-Kobane, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 20,000 USG fuel bladder.

2, 3 and 4 inch adapters are required. Hose must be at least 25 feet long.

0024 Diesel Fuel (SFD) 648,000 USG $______________/USG

Delivery Location: T2, Syria Method of Delivery: Tank Truck-TT with pump and meter Contractor shall have all necessary equipment to facilitate downloading fuel into a 15,000 USG commercial tank.

2, 3 and 4 inch adapters are required. Hose must be at least 10 feet long.

0025 Turbine Fuel, Aviation (JP8) 3,240,000 USG $______________/USG

Delivery Location: NLZ-H4, Syria Method of Delivery: Tank Truck-TT with pump and meter with an adapter. Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Delivery Notes: Vehicles must be staged at Erbil International Airport the day prior to departure. Convoy is every four days with two- day travel time.

Storage capacity: 80,000 USG Tank

0026 Diesel Fuel (SFD) 3,240,000 USG $____________ /USG

Delivery Location: NLZ-H4, Syria Method of Delivery: Tank Truck-TT with pump and meter with an adapter. Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Delivery Notes: Vehicles must be staged at Erbil International Airport the day prior to departure and will travel with USG-provided security escort. Convoy is every four days with four day travel time.

0027 Midgrade Unleaded Gasoline (MUM) 90,000 USG $____________ /USG

Delivery Location: NLZ-H4, Syria Method of Delivery: Tank Truck-TT with pump and meter with an adapter. Contractor shall have all necessary equipment to facilitate downloading of fuel into storage capacity.

Delivery Notes: Vehicles must be staged at Erbil International Airport the day prior to departure and will travel with USG-provided security escort. Convoy is every four days with four day travel time.

0028 Aviation Turbine Fuel (JP8) 648,000 USG $ ____________/USG

Delivery Location: Hasakah-H2, Syria Delivery Mode: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex

0029 Diesel Fuel (SFD) 972,000 USG $ ____________/USG

Delivery Location: Hasakah-H2, Syria Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex

0030 Midgrade Unleaded Gasoline (MUM) 72,000 USG $_____________/USG

Delivery Location: Hasakah-H2, Syria

Delivery Mode: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex

0031 Diesel Fuel (SFD) 2,916,000 USG $_____________/ USG

Delivery Location: K2-LCF 9.5, Syria Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 1-4 inch connections. Must have cam-loc and unisex

0032 Midgrade Unleaded Gasoline (MUM) 1,944,000 USG $_____________/ USG

Delivery Location: K2-LCF 9.5, Syria Delivery Mode: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 1-4 inch connections. Must have cam-loc and unisex couplings with a minimum 20ft hose.

0033 Aviation Turbine Fuel (JP8) 6,480,000 USG $_____________/ USG

NSN: 9130-01-031-5816

Delivery Location: H3-Firebase Shadadi, Syria

Delivery Mode: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex couplings with a minimum 20ft hose.

0034 Diesel Fuel (SFD) 3,564,000 USG $_____________/ USG

NSN: 9140-01-556-9156

Delivery Location: H3-Firebase Shadadi, Syria Delivery Note: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex couplings with a minimum 20ft hose.

0035 Midgrade Unleaded Gasoline (MUM) 72,000 USG $_____________/ USG

NSN: 9130-01-272-0983

Delivery Location: H3-Firebase Shadadi, Syria Delivery Mode: Tank Truck with pump and meter with adapter.

Vendors must be able to provide adaptors/connections for 2 ,3, and 4 inch connections. Must have cam-loc and unisex

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):________________________________________________________________

OFFEROR SIGNATURE: _______________________________________________ DATE: ___________________________

SPECIAL NOTES:

1. The Government reserves the right to make single or multiple awards for line items 4-12 and 15-17 as a result of this solicitation. As stated in FAR 52-212-2 Instructions to Offerors -- Commercial Items (Oct 2018), paragraph (h), the Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. If the Government makes multiple awards for a line item, the Government will apportion the requirement among the awardees. No awardee will receive less than 50% of the requirement for any line item awarded.

2. All Aviation Turbine Fuel (JP8) and Gasoline, Mid Unl (MUM) procured under this solicitation must be sourced from a refinery within Iraq only. Diesel Fuel, 10 PPM SULF (SFD) can be procured from outside Iraq. The source of supply will be used to evaluate SECTION M-Factor 1-TECHNICAL CAPABILTY, SUB FACTOR 1 SUPPLY. For Aviation Turbine Fuel (JP8) source and batch COQ’s/COA’s must be submitted for technical evaluation. Offerors must submit a COQ/COA for Gasoline, Mid Unl (MUM) and Diesel Fuel, 10 PPM

SULF (SFD).

3. Iraq is a volatile country and there are several routes that are not secure. Security of the ground lock to delivery locations is not guaranteed and is the responsibility of the vendor. If awarded a contract, contractor(s) must submit movement requests through the Prime Minister National Operations Center (PMNOC) and Iraqi Oil Police for approval to travel. See attachment 3 for PMNOC procedures.

4. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. Contractor shall have all necessary equipment to facilitate downloading fuel into storage apparatus for each line item.

5. Contractor shall provide the tank batch certificate of quality (COQs) represented for all fuel deliveries under the resultant contract/order to the DLA Energy Middle East Office at DESC-ME.QA@dla.mil for approval prior to any deliveries. In addition, provide certificate of quality (COQs) to the customer at the time of delivery. A DD250 is to be used as the bill of lading to which the following be included for all products: temperature, density, corrected density and corrected quantities (if required) on all shipment documents.

6. Line item numbers 0001-0035 are placeholders and may change upon award.

7. 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.

8. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAR 2016), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

9. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected.

Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

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

ADDITIONAL SPECIAL NOTES REGARDING ALL PRODUCTS IN THIS SOLICITATION:

1. Source, in this contract, as determined for government acceptance, is defined as the location of the storage tank(s) from which the product(s) will be loaded into trucks and directly delivered to the customer’s destination as stated in the schedule of this contract.

a. Acceptance storage tanks should be within the borders of the country for which the major requirements are located.

However, delivery from an identified, outside of the country, storage location to end user locations can be used and acceptable as long as this delivery route is listed on the vendor’s supply chain map/plan and the proper certificates of quality or analysis are presented to the region Quality Manager or QAR for acceptance in accordance with below guidance.

b. Offeror will need to inform the contracting officer of the location in which the products will be stored and sampled, for acceptance purposes, along with the distance the storage location is from the delivery locations.

c. Offeror will also inform the contracting officer of their commercial laboratory which will be used to perform acceptance testing prior to acceptance by the government.

i. All commercial laboratories to be used for acceptance testing must be approved by the U.S. Government.

ii. The Government will be provided, for evaluation and acceptance, the name of the laboratory to be used, the expected capabilities of that lab (full specification, etc.) for each product, a good point of contact name, phone number, laboratory location address, and email address.

iii. Samples of their certificates of analysis (redacted) will be provided to the government for evaluation.

Certificate of analysis (See sample attachment 6) should reflect the same information as that listed in section 4 below.

iv. Offeror can expect a quality visit to their proposed laboratory if the laboratory has not already been vetted and accepted by the Government in the past.

v. If the offeror possesses their own laboratory, it can perform full specification testing in accordance with the specification requirements and want to use that lab for this contract and acceptance purposes, the lab will have to be vetted and approved by use, by the U.S. Government, prior to the beginning of the performance period.

vi. The use of a third party inspection contractor may be used to assist DLA Energy Quality in witnessing andverification of laboratory testing and equipment calibrations/standardizations for contractor owned laboratories.

1. Contract awardee(s) that plan on using their own laboratories will allow entry to any DLA Energy, third party inspection contractors, just like they would any DLA Energy QAR or representative stated in contract provision(s) FAR 52.246.2 and E21.01.

2. Failure to do so will result in the awardee(s) to have to use an outside, commercial lab for all of their “acceptance” testing.

2. The Offeror will provide the Fuel Source Data Sheet 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.

a. This requires not only the refineries or terminal sources but the contractor’s “acceptance” storage tanks as well.

b. Under “Country of Origin” on the Fuel Source Data Sheet, type or write “acceptance” beside the country name. Then under “Destination Country” please include any outside locations included in the schedule in which that source may deliver to.

3. Offeror will need to provide letters of commitments from all sources of supplies, transportation sub-contractors, laboratories, and any other sub-contractors (storage, operations, drivers, etc.) from which they will require assistance in order to fulfill this contract and its requirements (See Attachment 1).

a. Letters of commitment will be on sub-contractor, lessor, and/or supplier’s letterhead and in the format listed in attachment # 1. The commitment letter must also state how soon before the start of the performance period the sub-contractor will be fully available for access and use by the offeror.

4. In order for the offeror to demonstrate that they possess the technical capability to provide the fuel (all products in the schedule) which meets the required specification(s), the offeror, with their supply commitment letters, must present either a current, full specification Refinery Certificate of Quality (COQ) or a recertification certificate of analysis (COA) if sourcing from a location which blends several batches from more than one refinery source (terminal). All COQ/COAs should be presented in a format which resembles that of the one listed in ASTM D1655, figure X3.2 or the commercial laboratory sample provided. These certificates will be on refinery or commercial laboratory letterhead and signed and dated like the certificates of analysis listed below.

a. Certificates of Analysis will contain the source information (location, tank number, lot or batch number, etc.), specification tested to, along with the test methods used for testing.

b. To be acceptable for evaluation, 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. Laboratory Manager signature cannot be more than 6 months old at date of submission for review.

c. If the supplier is purchasing products from a terminal that receives and blends several different refined products from multiple refineries/sources, a list of those refineries/sources as part of that batch blending will be submitted for traceability purposes and should be included on the Fuel Source Data Sheet, if room or on a separate attachment stating that these are refineries used in the blending of that product.

d. Partial quality certificates (with less than the required or listed characteristics tested, as listed in the specification) and manufacturer/product specification sheets will not be accepted.

e. 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.

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

5. If the offeror is unable to provide full specification certificates of quality/analysis from the refinery or terminal or own storage, or if the offeror determines that certain test characteristics were not tested under specific specifications or find some characteristics do not meet specification limits, offeror will have samples, from all of their source(s), taken and tested to the full specification(s) listed in this solicitation and submitted with the offer.

a. This independent test will be to the full specification and meet the certificate of analysis requirements of section 4 above.

b. Offerors will need to submit exception or deviation requests for changes to the fuel specifications which they cannot meet or specific characteristic limits and/or test methods which their laboratory or country specification(s) cannot meet or test.

c. Offerors will have to provide a detailed reason behind the need for the exception or deviation request, along with their way forward with meeting the requirements of this contract, and the duration of the exception or deviation request.

6. All products, once received at the offeror’s “acceptance” storage tank(s) as stated above and prior to loading and trucks and delivering to the end user, will have to meet the product specification(s) listed in this contract and be submitted to the regional Quality Manager or QAR prior to being released for shipment.

a. DLA Energy Quality Assurance will be covered under Alternate Release Procedures (ARP) and requires all product(s) be inspected and approved (accepted) by a QAR prior to being released for shipment.

b. Contract awardee(s) will be provided with an ARP letter stating the requirements for product quality acceptance and other instructions to be followed during the performance period of this contract.

c. Once individual storage tank inventory, during the entirety of the performance period, is depleted and fresh product is received into that storage tank(s), a new batch sample and acceptance testing will need to be completed prior acceptance and release for delivery to the government.

7. The offeror must provide a map or chart showing the entire supply chain of the product(s), from source to final delivery. The offeror must also show this plan as part of their ability to supply on specification product(s) in their quality control plan (QCP) and/or standard operating procedures/statement of work (SOP/SOW) required below.

8. Offeror will provide transportation plans which shall include details as to how the offeror will move fuel through the entire supply chain. The emphasis will be on the details provided for transportation of the product from the in-country intermediate storage sites to the customer’s delivery location(s). Descriptions of leased or owned transportation modes for movement of product(s) from source to the intermediate storage locations should, at minimum, included the type of transportation, the numbers made available, the sub-contractor to be used and what areas of the supply chain they will cover.

9. Offeror will need to provide a list of the tank trucks which will be utilized for this contract.

a. Tank Truck list will include the make and model of the truck, capacities, the plate and registration/vehicle identification number (VIN) numbers, the model year, whether the tank is epoxy coated or not and if the trucks are dedicated to a specific grade of fuel and that grade of fuel it will carry.

b. Offerors will need to provide lists of drivers and the vehicles they will be assigned to after award. List will need to have drivers’ full names, identification numbers, and trucks they will be assigned to. Offeror may also have to provide further information to the Government and/or customer locations to allow entrance and do background checks.

c. For offeror owned assets, the list of assets with the information required under section 9 a. above, is the only thing required, no letter of commitment.

d. Except for the letters of commitment and the asset lists, the transportation plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

10. Offeror will need to provide detailed descriptions/plans of all primary and alternate storage and distribution systems, both leased and owned, to be used for the entirety of the performance period.

a. To demonstrate the offeror’s ability for sufficient storage, the offeror will need to provide details of the storage facilities to be used, whether primary or alternate

i. Storage tank lists will include the tank numbers, max capacities each can hold, if they are rigid (steel, aluminum, etc.) or bladders, whether they are segregated or on common lines, and the grade of fuel each will hold. Offeror will also have to express the max quantity(s) of each grade made available to the government for the entirety of the period of performance.

b. The offeror will also show the storage facilities ability as to how many trucks it can up-load and/or down-load in a 24 hour period, if it can support filling customer tank trucks, and all laboratory capabilities, either owned or contracted out, and their testing capabilities for ensuring product quality is met prior to final delivery to the customer.

c. The offeror will provide their proposed storage capacity and proximity to each solicited location, and the offeror’s ability to provide operational storage and supply arrangements that are proposed to insure the intermediate reserve products are available throughout the term of the contract.

i. Proximities to be provided will include the distance and time to destination of all the customers listed in the solicitation schedule.

d. Except for the letters of commitment and the facilities asset lists, the supply/distribution plan can be submitted separately or be submitted as part of the QCP and/or the SOP/SOW. If part of the QCP and/or SOP/SOW, the offeror will state that in their offer.

11. A quality control plan (QCP) and/or standard operating procedure/statement of work (SOP/SOW) will be provided in the offer in order to show the offeror’s ability and capability to assure the quality of the product remains within contract specifications from origin to destination.

a. The quality control plan must meet the requirements of the solicitation/contract provision E1, section (b)(3). A QCP is required, for all products, if the attached schedule includes any aviation fuel (JA1, Avgas, etc.). If no aviation fuel, the offeror will only have to submit their standard operating procedures/statement of work.

i. These SOP/SOWs, at minimum, will describe how the offeror or its sub-contractors will ensure quality of the product throughout the supply chain.

ii. The QCP will be evaluated for its ability to show the steps to be taken for quality assurance and surveillance throughout the supply chain and how well it incorporates the elements required by the E1 provision.

iii. The contractor must also show that any sub-contractors will be utilizing and adopting those procedures and that the primary contractor understands that the QCP will be updated and revised to meet the unique requirements of this solicitation and approved and signed by the region’s quality manager prior to first order off this contract.

iv. The offeror must also provide standard operating procedures for the proposed operation of their transportation and storage distribution segments of this contract if those procedures are not incorporated into their QCP.

12. Offeror will submit a detailed description of their alternate supply chain, to include distribution and storage, from vendor source to final destination.

a. The offeror’s will need to show, through similar lists and plans to be submitted for their primary support listed in the above paragraphs, their ability to provide alternative sources of supply in the event of geo-political shifts, political uprisings, poor weather and road conditions, refinery constraints or any other contingency that would prevent delivery from the primary source of supply.

b. The alternate supply chain must be shown to be distinct and separate from their primary chain(s) and all items require in paragraphs 1 thru 9 above.

c. The offeror’s ability to provide alternative sources and the ability to continue contract requirements shall be shown on the same map or chart required above and must also be included in their QCP and/or SOP/SOW.

13. Offeror is responsible read and understand all of the requirements set in this solicitation and these special notes. Offeror is also responsible for submitting all attachments and offers that show that they understand these requirements and any specifications or instructions are going to be met. If the offeror discovers deficiencies or non-compliance to these solicitation requirements and/or specifications, the offeror must present an exception or deviation request similar to that stated in section 5 above and in accordance with solicitation provision E35. If offeror has some sort of “shortcoming” with meeting a portion or portions of the requirements and plan on having it resolved and meet the requirements as stated, the offeror should provide a “letter of intent” to the contracting officer with the offer.

a. Letter of intent will provide the portion of the requirement(s) unable to meet at the time, how and what the offeror plans on putting in place to meet the requirement(s), and the date (before the start of the performance period) they plan on having in place and meeting the requirement, if awarded.

b. Letter of intent must be provided only to the contracting officer assigned to this contract. If pre-award survey is scheduled, offeror must provide the information with regard to their letter of intent but must not hand over any letters to the QAR conducting the survey.

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

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

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

(name of publication)

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

[ ] (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 provision until the increase has been verified by the Contracting Officer.

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