COG_6_13.5_SPE605-19-R-0214_-_Synopsis_IBR_-_Solicitation.pdf

SYNOPSIS/SOLICITATION

Issue Date May 17, 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: Request for proposals for various Petroleum Products and Fuels for Federal Civilian agencies and Military activities in Texas

SOLICITATION NUMBER: SPE605-19-R-0214

OFFEROR RESPONSE DUE: June 4, 2019, 4:30 PM, Eastern Daylight Time (EDT) POINTS OF CONTACT: Danette Stewart, danette.stewart@dla.mil, 571-767-9535, 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.

This solicitation contains twenty-one line items. All line items are set-aside for small business concerns.

SPECIAL INSTRUCTIONS & NOTES

A. Solicitation Number SPE605-19-R-0214 is issued as a Request for Proposal (RFP).

B. This acquisition has been totally set-aside for small business concerns. A small business concern offeror must meet the applicable size standard and NAICS code. The NAICS code for this solicitation is 324110 and the applicable size standard is no more than 1,500 employees or the capacity to refine no more than 200,000 barrels per day. Offerors are advised that small business concerns who propose to furnish an item that it did not itself manufacture must comply with 13 C.F.R. 121.406.

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

B-0001 - B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN2012).

D. CLOSING DATE: June 4, 2019; 4:30 PM, Eastern Daylight Time (EDT).

E. PROPOSAL SUBMISSION: Offeror(s) must submit proposals for all line items in the Post Camps and Stations (PC&S) Offeror Entry Tool (OET) website at https://offerwizard.dla.mil/pcsoffwiz/pcsoffwiz.html. 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:danette.stewart@dla.mil mailto:tonya.sterling@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.

After the registration process is completed the offeror will be able to log onto the application and select a solicitation to offer 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.Offerors written proposals should be submitted in U.S. Dollars per Gallon, and signed by an authorized company official. Proposals must be received by 4:30 PM, Eastern Daylight Time, on June 4, 2019.

F. Contractors are required to adhere to the delivery quantity printed on the order. If you are awarded a contract and deliver a quantity in excess of the allowable variation in quantity ceiling (See FAR 52.211-16, Variation in Quantity

(Apr 1984)), note that the Government reserves the right to return the excess quantity at the Contractor’s expense in accordance with FAR 52.211-17 Delivery of Excess Quantities (Sep 1989).

G. FAR 52.212-1, Instructions to Offerors – Commercial Items (Oct 2018) applies to this acquisition. Offerors are advised to include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Oct 2018). The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018) applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2019) applies to this acquisition.

H. FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) is applicable to this acquisition. The Government intends to procure petroleum products and will award contracts using the lowest price technically acceptable source selection process under FAR 15.101-2 to the responsible offeror whose lowest evaluated proposal price meets or exceeds the requirements of the solicitation. The Government will evaluate proposals using the evaluation factors set forth in Section M. Line items will be evaluated independently and separate from all other line items. Line items will be awarded independently and separate from all other line items.

I. The Government contemplates award of a Fixed Price with Economic Price Adjustment Requirements-Type contract resulting from this solicitation. See clause FAR 52.216-2, Economic Price Adjustment – Standard Supplies (Jan 1997). The base reference date will be 15 February 2019.

J. LATE OFFERS: Please note that offers must be received by, June 4, 2019, 4:30 PM Eastern Daylight Time

(EDT). Any offer received after June 4, 2019, 4:30 PM, EDT, will be considered late. Offeror(s) assume all risk for any delay in the transmission of their proposals. Any offers received after the above deadline will not be considered. All offerors are encouraged to review FAR 52.212-1 Instructions to Offerors- Commercial Items (Oct 2018).

K. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, offerors are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will conduct discussions with offerors whose proposals have been determined to be within the competitive range.

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

CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT. Please refer to Clauses FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

M. EVALUATION: FAR provision 52.212-2, Evaluation – Commercial Items (OCT 201) applies to this acquisition.

mailto:DLAEnterpriseHelpDesk@dla.mil

Proposals will be evaluated 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.

N. TAXES AND FEE INFORMATION: Offerors are responsible for knowing and understanding what taxes and fees are applicable in the offer prices. Offerors are responsible for confirming the applicability of state and local taxes and fees. Offerors are responsible for and are required to secure any tax exemptions.

O. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: The base reference date for this solicitation is 15 February 2018.

After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday) in accordance with solicitation provision based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin.

DLA Energy will provide updated contract prices daily under “Vendors” “Price to Web” on the DLA Energy homepage at http.www.energy.dla.mil.

Offeror are required to provide offer price using escalators provided by DLA Energy. DLA Energy will not accept uncommon escalators.

P. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be date of award through May 31, 2020. Quantities stated in the SCHEDULE represent the government’s best estimates covering this period of performance.

Q. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)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 amendment to the solicitation.

R. 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

S. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a of the SF 1449, in the space marked “Code.”

T. DUNS NUMBER: Include your company’s Data Universal Numbering System Number on all Price Data Sheet(s) in your Offeror Submission Package.

U. 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 with your proposal.

V. All offerors are required to complete and submit all forms highlighted in yellow. 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. Offerors are responsible for confirming the applicability of state and local http://www.energy.dla.mil/ http://www.acquisition.gov/ taxes and fees with state and local tax authorities. Offerors are responsible for and are required to secure any tax exemptions. Submit all documents in OET.

W. All provisions and clauses referenced in this solicitation will be incorporated into a resultant contract. Unless you specifically state otherwise, your proposal is assumed to accept all terms and conditions of this solicitation. ANY

EXCEPTIONS TO ANY PART OF THIS SOLICITATION MUST BE SPECIFICALLY IDENTIFIED AND

SUBMITTED IN A SEPARATE COVER LETTER WITH YOUR PROPOSAL ON COMPANY LETTERHEAD

SIGNED BY AN AUTHORIZED REPRESENTATIVE/ NEGOTIATER FOR THE OFFEROR.

X. POINTS OF CONTACT:

Information Regarding Solicitation SPE605-19-R-0214:

Points of contact for information regarding this solicitation are:

Danette Stewart Tonya Sterling

Acquisition Specialist Contracting Officer Phone (571)767-9535 Phone: (571)767-9561 Email: danette.stewart@dla.mil Email: tonya.sterling@dla.mil mailto:danette.stewart@dla.mil mailto:tonya.sterling@dla.mil

Section

SECTION B: SUPPLIES OR SERVICES PRICE COST

PROVISION NUMBER TITLE PAGE

B-0001 B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA

ENERGY JAN 2012)

B-0002 B19.19 PETROLEUM PRODUCT PRICE , POST, CAMP, AND

STATION (PC&S) (DLA ENERGY JUNE 2017)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

QUALITY

ASSURANCE

PROVISION NUMBER

TITLE PAGE

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016) See Attachment C-QAPs

C-0002 C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY

MAY 2018)

See Attachment C-QAPs

C-0003 C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR

(PC&S) (DLA ENERGY JUN 2017)

See Attachment C-QAPs

C-0004 C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA

ENERGY

DEC 2016)

See Attachment C-QAPs

C-0005 C16.69-14 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC

2016)

See Attachment C-QAPs

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) 14

E-0001

E1.21 JET A / JET A-1 (FEB 2014) See Attachment E-QAPs

E-0002

E18.01 SAMPLE SUBMISSION (AUG 2009) See Attachment

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

E-0004

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (APR 2016)

See Attachment

E-0005

E22.01 QUALITY REPRESENTATIVE (JULY 1992)

E-0006

E35 NON-CONFORMING SUPPLIES AND SERVICES (DEC

2011)

See Attachment

E-0007

E37 SOURCE RESTRICTION AND SOURCE INSPECTION

(PC&S) (DEC 2011)

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 OR PERFORMANCE

CLAUSE NUMBER TITLE PAGE

FAR 52.211-16 VARIATION OF QUANTITY (APR 1984) 15

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 16

FAR 52.247-34 F.O.B DESTINATION (NOV 1991) 16

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 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA

ENERGY) (APR 2014)

F-0004 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE

TIME AND DETENTION RATES (PC &S) (DLA ENERGY AUG

2005)

F-0005 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (APR 2005)

F-0006 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN

2002)

F-0007 F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR

GASOLINE AND AVIATION FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSE NUMBER TITLE

PAGE

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

FOR AWARD MANAGEMENT (OCT 2018)

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 ELECTRONIC TRANSFER OF FUNDS PAYMENTS -

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007)

G-0004 G150.06 SUBMISSION OF INVOICES FOR PAYMENT

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

Vasquez, Matthew CIV DLA ENERGY (USA) The reference on page 2 is not sufficient to incorporate the clause. Add the clause to Section F.

SECTION I: CONTRACT CLAUSES

CLAUSE NUMBER TITLE PAGE

FAR 52.202-1 DEFINITIONS (NOV 2013) 30

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

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 52.209-10 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 (JAN 2019)

FAR 52.215-8 ORDER OF PRECEDENCE -- UNIFORM CONTRACT FORMAT

(OCT 1997)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 45

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.

(DEVIATION 2019-O0003)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) 47

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING 47

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION (MAY 2011)

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 49

FAR 52.232-17 INTEREST (MAY 2014) 49

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014) 51

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 52

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

FAR 52.242-13 BANKRUPTCY (JUL 1995) 53

DFARS 252.203-7000 REQUIREMENTS RELATING TO FORMER DOD OFFICIALS

(SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (SEP 2013)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) 54

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 54

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

(APR 1992)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (OCT 2016)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION

FOR LITIGATION SUPPORT (MAY 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

DFARS 252.216-7006 ORDERING (MAY 2011) 60

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

(DEC 2017)

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (DEC 2017)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-

OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC

2018)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 71

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 71

DFARS 252-243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 71

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUNE 2013) 72

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (FEB 2019) 72

DLAD 52.233-9001 DISPUTES- AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (DEC 2016)

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 75

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 I128.01 FEDERAL, STATE, AND LOCAL TAXES (DLA

ENERGY NOV 2011) (DEVIATION)

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

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

FAR 52.203-3 GRATUTIES (APR 1984) 79

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN

2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

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

FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS—REPRESENTATION (NOV

2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS-

COMMERCIAL ITEMS (OCT 2018)

DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND

CERTIFICATIONS (APR 2019)

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

GOVERNMENT (JUN 2010)

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

DFARS 252.247-7002 REVISION OF PRICES (DEC 1991)

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY

SEA (AUG 1992)

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

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

2007)

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

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS

(OCT 2018)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012)

DLAD 33.103 / L06 PROTESTS TO THE AGENCY / AGENCY PROTESTS (DEC

2016)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY

NOV 1991)

L-0004 L54 SITE VISIT (DLA ENERGY OCT 1992) 114

L-0005 L117 NOTIFICATION OF TRANSPORTATION COMPANY

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

(DLA ENERGY JAN 2012)

SECTION M: EVALUATION FACTORS FOR AWARD

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

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0002 M72 EVALUATION OF OFFERS

(EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

Additional 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 authorized representative/negotiator of the offeror. 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-0214.

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 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 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

SECTION B: SUPPLIES OR SERVICES PRICE COST

B-0001 B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

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

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

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG 6 Section C & E) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Any offers received for less than the full quantity for each line item will be rejected by the Government.

THE REQUIREMENTS BEING SOLICITED ARE LISTED IN ATTACHMENT A SF 1449 SPE605-19-R-

0214 “SCHEDULE OF REQUIREMENTS”

B-0002 B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND

STATION (PC&S) (DLA ENERGY JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

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

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on__15 February 2019________. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commences loading.

(B) F.o.b. destination: The date and time vessel commences discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder.

The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 375% percent (%) of the of the base price in any applicable program year, except as provided below.

If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

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

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

SEE ATTACHMENT A

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

The following Quality Assurance provisions are incorporated by reference and are a part of this solicitation and resultant contract. See Attachment B for the full text of the provisions.

QUALITY ASSURANCE PROVISIONS:

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY MAY 2018)

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017)

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

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

SEE ATTACHMENT B: QUALITY ASSURANCE PROVISIONS, C-QAPs.

SECTION E: INSPECTION AND ACCEPTANCE

The following Quality Assurance provisions are incorporated by reference and are a part of this solicitation and resultant contract. See Attachment C for the full text of the provisions.

QUALITY ASSURANCE PROVISIONS:

E1.21 JET A / JET A-1 (FEB 2014)

E18.01 SAMPLE SUBMISSION (AUG 2009)

E21.1 POINT OF ACCEPTANCE (JUN 2015)

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

E22.01 QUALITY REPRESENTATIVE (JULY 1992)

E35 NON-CONFORMING SUPPLIES AND SERVICES (DEC 2011)

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

E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014)

SEE ATTACHMENT C: QUALITY ASSURANCE PROVISIONS, E-QAPs.

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.

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

____10%_____ Percent increase

____10%_____ Percent decrease

This increase or decrease shall apply to _ALL LINE ITEMS__.

FAR 52.211-17 -- DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

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

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

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

WAGONS (DLA ENERGY JAN 2012)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b.

transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(4) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(5) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(6) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(7) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

F-0002 F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the…