SPE605-19-R-0217(Solicitation).pdf

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-19-R-0217 (INDOPACOM (PC&S) 1.6X)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

PERIOD OF PERFORMANCE

01 DECEMBER 2019 THROUGH 30 NOVEMBER 2024

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAB,

Tanesha Price and Georgia Dotson 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

PREMIUM GASOLINE (MUP), DIESEL FUEL (DF2), TURBINE FUEL, AVIATION Jet A-1

(JA1), AVIATION GASOLINE DYED (100LL), TURBINE FUEL, AVIATION (JP8) FOR

VARIOUS EXERCISES.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

TANESHA PRICE GEORGIA DOTSON

(571) 767-5012 (571) 767-8460

TANESHA.PRICE@DLA.MIL GEORGIA.DOTSON@DLA.MIL

AND DLAENERGYFEPAB@DLA.MIL

WEB ADDRESS: HTTP://WWW.ENERGY.DLA.MIL

RESPONSES DUE: JUNE 14, 2019; 3:00 PM, EASTERN STANDARD TIME (EST) FT.

BELVOIR, VA LOCAL TIME.

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

mailto:GEORGIA.DOTSON@DLA.MIL mailto:DLAenergyfepab@dla.mil http://www.energy.dla.mil/

SPECIAL INSTRUCTIONS FOR OFFERORS:

• This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

• The Government intends to procure the petroleum fuel products using FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, will be most advantageous to the Government, price and other factors considered (See Evaluation criteria under SECTION M).

• This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2019-01

Effective 20 Dec 2018; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2019 0215 Effective 15 Feb 2018 Edition DLAD current to DLAD Rev. 5 & Proc. Ltr. 2019-05 and DEPI March 2019 up to Procurement Flash 2019-0044 9 Apr 2019.

• Solicitation Number SPE605-19-R-0217 is hereby issued as a Request for Proposals (RFP).

• A pre-award survey, if applicable, is required if the current pre-award survey on the offeror is expired or if the offeror has not performed under a DLA Energy contract, or at the discretion of the Contracting Officer.

The pre-award survey must be approved to be considered for award. A pre-award survey is an onsite (at the physical location of the offeror) review of the offeror’s capabilities as it relates to the issued solicitation.

The goal of this onsite review is to ensure that the capabilities exist to support the requirement the offeror offered against; mitigating risk of non-performance due to lack of capability. If an offeror does not pass a pre-award survey it shall reflect negatively against the offerors responsibility determination.

• For emergency situations during non-duty hours (Eastern Standard Time), the number to contact is (571)

767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy

- DL).

• Hazard Communication Standard Notice:

Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels.

In accordance with the revised standard after June 1, 2015:

1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, Hazardous Communication Standard (HCS) labels in accordance with 29 C.F.R. 1910.1200 requirements or current Consumer Product Safety Act (CPSA), Federal Hazardous Substance Act (FHSA) labels when subject to labeling requirements under those statutes. This product labeling is required for hazardous materials delivered to the Government.

3. Finally, suppliers must train their employees on the new safety data sheets, hazardous communication labels, and requirements of 29 C.F.R. 1910.1200.

For more information on SDS, refer to OSHAs website, available at: https://www.osha.gov/law-regs.html For information on 29 C.F.R. 1910.1200, refer to the below link: https://www.osha.gov/dsg/hazcom/index.html

• G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012) – Foreign offerors may elect payment by electronic transfer of funds via the Federal Reserve Wire Transfer System, which does not require the receiving bank to be located in the United States. Offerors are advised to verify their Financial Institute (FI) is capable of receiving Federal Wire transactions via either a SWIFT Code or an IBAN number. Firms receiving an award under this solicitation must ensure that the appropriate arrangements are made with their FI prior to submission of the first invoice.

• QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items

(Attachment A) a question and answer period has been established. Starting from the issue date of this solicitation to June 4, 2019 4:00p.m.Eastern Standard Time (EST) Ft. Belvoir, VA local time all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment A). No further questions will be received after the above stated date and time. All questions should be sent to DLAEnergyFEPAB@dla.mil. Answers will be consolidated and answered via an official amendment to the solicitation, if applicable. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable. Potential offerors are reminded that they shall sign the amendment (in block 15a-c) OR acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

• PLACING ORDERS: In accordance with F1.11 DLA Internet Bid Board System (DIBBS) (DLA

ENERGY) (APR 2014), The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS.

• CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE605-19-R-0217 is 14 JUNE 2019 BY 3:00 PM, Eastern Standard Time (EST) Ft. Belvoir, VA local time.

• TAX AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt. See DFARS 252.229- 7000, INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997) for more information.

• LATE OFFERS: Please note that offers must be received by 14 JUNE 2019 BY 3:00 PM, Eastern Standard Time (EST) Ft. Belvoir, VA local time. Any offer received after 3:00 PM will be considered “Late” and may be determined to be unacceptable. (See FAR 52.212-1) http://www.osha.gov/law-regs.html http://www.osha.gov/dsg/hazcom/index.html mailto:DLAEnergyPEC@dla.mil mailto:DLAEnergyPEC@dla.mil https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

• INSTRUCTIONS TO OFFERORS – 52.212-1 Instructions to Offerors—Commercial Items (Oct 2018), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND

WITHDRAWALS OF OFFERS.

• ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to (B19.01-2)

ECONOMIC PRICE ADJUSTMENT-MARKET PRICE-POSTS, CAMPS, AND STATIONS (PC&S) –

JAPAN (DLA ENERGY JUNE 2017) and (B19.02) ECONOMIC PRICE ADJUSTMENT (OVERSEAS)(DLA ENERGY JAN 2012). Offerors should use the preferred publication in the table below for escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 07 JANUARY 2019. Contract prices will escalate weekly on Mondays based on previous weekly average (Monday through Friday excluding any days prices are not published) of the applicable Platts reference’s daily midpoint prices.

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

• EACH CLIN ARE SEPARATELY PRICED AND EVALUATED: While the solicitation combines a lot of details for multiple products/requirements, each CLIN on this solicitation is a separate requirement with each CLIN having their own product, address, delivery and ordering information and will be individually evaluated as such.

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

01 December 2019 through 30 November 2024. Quantities stated represent the government’s best estimates covering the ordering period.

• DELIVERY NOTES: This solicitation is being issued to support potential military exercises in the region.

Contract line items are for delivery to a defined delivery region (see Attachments A and D). The specific delivery address will be specified on the DD1155 upon placement of orders.

• PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of 52.212-1 Instructions to

Offerors—Commercial Items (Oct 2018), Offerors agree to honor prices indicated in their offer for 240 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

• NEGOTIATIONS: Negotiations under this solicitation will be conducted primarily in writing (via email), by telephone, and by negotiators identified in K33.01.

• PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post

Camps and Stations (PC&S) Offer Entry Tool (OET).

a) PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices.

In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil

b) Please use Attachment E titled, “AMPS Role Guide” to obtain an

AMPS account if you do not already have one.

c) Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

d) You will be able to request access to OET through AMPS. Please refer to Attachment F titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

e) After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using Attachment G instructions titled, “PC&S OET Vendor Guide.”

f) If you experience trouble registering or if 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.

g) In the event of technical issues on the part of OET that prevent an offeror to successfully enter offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Tanesha.Price@dla.mil and Georgia.Dotson@dla.mil and DLAENERGYFEPAB@dla.mil to request allowance for an offeror’s manual offer submission using Price Data Sheets. Nevertheless the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

All remaining proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to DLAENERGYFEPAB@dla.mil and Tanesha.Price@dla.mil

• OFFEROR SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and Attachment C the “Offeror Submission Package (OSP)” identified by number SPE605-19-R-0217.

Please keep copies of completed solicitation amendments, and the OSP for your records.

• ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check FedBizOpps frequently for any solicitation amendments (updates) to SPE605-19-R-0217. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email at DLAEnergyFEPAB@dla.mil, prior to the solicitation closing date.

• INTERNATIONAL DUNS NUMBER: Include your company’s Data Universal Numbering System

(DUNS) Number on the cover sheet of your offer (See paragraph J of Clause 52.212-1 Instructions to Offerors -Commercial Items (Oct 2018). If you do not have a DUNS Number, your company must register online at http://www.dandb.com/eupdate and click on the “Register your business” button. Or you may call one of two toll free numbers 800-333-0505 or 888-814-1435 for assistance.

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Tanesha.Price@dla.mil mailto:Georgia.Dotson@dla.mil mailto:%20DLAENERGYFEPAB@dla.mil mailto:DLAENERGYFEPAB@dla.mil mailto:Tanesha.Price@dla.mil

• COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE CODE (5 digit alphanumeric code) in Block 17a of the Standard Form 1449, in the box labeled

“CAGE CODE”.

• NO RESPONSE: If your company does not intend to submit an offer for this solicitation, please notify us in writing and email to DLAEnergyFEPAB@dla.mil.

• CONTRACT TYPE: The SCHEDULE (list of items, each with its own narrative) is listed under (B1.05)

SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN

2012). Type of contracts awarded as a result of this solicitation will be “Requirements-Type Fixed Price with Economic Price Adjustments” Refer to Clause FAR 52.216-21, REQUIREMENTS (OCT 1995), B19.01-2 ECONOMIC PRICE ADJUSTMENT-MARKET PRICE-POSTS, CAMPS, AND

STATIONS (PC&S) – JAPAN (DLA ENERGY JUNE 2017), and B19.02, ECONOMIC PRICE

ADJUSTMENT (OVERSEAS) (DLA ENERGY 2012).

• EVALUATION: In accordance with FAR 52.212-2, the Government will award a contract to the Lowest

Price Technically Acceptable offers. All line items included herein will be evaluated and awarded on a line-by-line item basis.

• COMPETITIVE RANGE: If discussions are conducted, the government reserves the right to limit for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the contracting officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

• NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD

WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT WITH

GOVERNMENT AGENCIES OR IN RECEIPT OF PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

• INCORPORATED BY REFERENCE: This solicitation includes clauses incorporated by reference.

• POINTS OF CONTACT: For any clarification, explanation or additional information about this solicitation, please contact:

Tanesha Price Georgia Dotson (571)-767-5012 (571) 767-8460 and Tanesha.Price@dla.mil Georgia.Dotson@dla.mil DLAENERGYFEPAB@DLA.MIL

Intentionally Left Blank mailto:DLAEnergyFEPAB@dla.mil mailto:Tanesha.Price@dla.mil mailto:Georgia.Dotson@dla.mil mailto:DLAENERGYFEPAB@DLA.MIL

Table of Contents

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) B19.01-2 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE - POSTS, CAMPS, AND STATIONS (PC&S) -JAPAN

(JUNE 2017)

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

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014)

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S and Bulk) (DLA ENERGY NOV 2018) C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST)

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

C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY JUN 2017)

SECTION D: PACKAGING AND MARKINGS

SECTION E: INSPECTION & ACCEPTANCE

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

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E1.21 DLA ENERGY QAP E1.21 (FEB 2014)

E12 ENERGY QAP E12 (JUL 2015) POINT OF ACCEPTANCE

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

E21.01 ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015)

E22 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) 40

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

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

E40.01 DLA ENERGY QAP E40.01

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

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

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

(DLA ENERGY JAN 2012)

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

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

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

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) ... 53 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005) F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009)

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018). 54

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

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012)

G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY JAN 2012) G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) ... 65 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

FAR 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

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 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

FAR 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A

DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES (MAR 2008)

FAR 52.232-17 INTEREST (MAY 2014)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) . 66

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) . 66 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)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019)

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

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

UNITED STATES (JUN 2015)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

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

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

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

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

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD

CONTRACTS) (JUN 2013)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA-ALTERNATE I (FEB 2019)

PROVISIONS AND CLAUSES INSERTED IN FULL TEXT:

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

FAR 52.209-9 – UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(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 52.222-50 -- COMBATING TRAFFICKING IN PERSONS ALTERNATE I (JAN 2019)

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

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

DFARS 252.216-7006 ORDERING (MAY 2011)

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

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

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

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

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012)

I1.20-2 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (PC&S) (DLA ENERGY JAN 2012)

I2.05-1 DEFINITION OF CHANGES (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

I2.05-4 DEFINITION OF CHANGES (CONT'D) (OVERSEAS PC&S) (DLA ENERGY JUL 1993)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) ...

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

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

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

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

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

TRANSACTIONS (SEPT 2007)

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

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (OCT 2018)

FARS 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

FARS 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATION (AUG 2018)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

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

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

FAR 52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

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

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

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

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

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

DFARS 252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF SUPPLIER PERFORMANCE RISK SYSTEM IN

PAST PERFORMANCE EVALUATIONS (MAR 2018)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

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

L54 SITE VISIT (DLA ENERGY OCT 1992)

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)

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

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

INTENTIONALLY LEFT BLANK

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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

JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, see below FAR 52.216-21, the delivery points, methods of delivery, and estimated quantities are listed by CLIN in Attachment A – The Schedule. The quantities shown are only best estimates of required quantities. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than the quantities stated in Attachment A - The Schedule. The Government agrees to order from the Contractor and if ordered, the Contractor shall timely deliver during the contract period all items awarded under this contract.

The prices paid to the Government shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours of receipt.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified in “Attachment A – Schedule” for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as 5-year requirements.

(d) These Requirements are for the support of military exercises. The exact delivery address is NOT listed in this Solicitation. Attachment A – The Schedule defines each requirement by CLIN, and under each CLIN important information is listed, such as the Quantity, NSN, Delivery Identification description, Mode, and Delivery Address, among other details.

(i) Each Delivery Identification description refers to a REGION location, which can be found in Attachment D – REGIONAL MAPS 1.6X. This Map shows a geographical location assigned to each REGION location. Please refer to Attachment D to better understand each specific CLIN. See Section J., Attachment D.

(ii) The Delivery Address will be specified in the DD1155 once a delivery order has been placed. Customer will give 30 days notice of initial requirement via DD1155 Form with final confirmation/changes 48 hours of expected delivery. See Section J., Attachment A.

(iii) Delivery Hours will be Sunday to Saturday 0800 to 1700 Including Local Holidays. See Section J., Attachment A.

B19.01-2 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE - POSTS, CAMPS, AND STATIONS

(PC&S) -JAPAN (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 in accordance with the wording of this contract text.

(b) Definitions. As used throughout this contract text, the term—

(1) Base unit price means the unit price set forth opposite the item in Section B of the Schedule.

(2) Market price means a price determined by an independent trade association, governmental body, or other third party and reported or made available in a consistent manner in a publication, electronic data base, or other form. This price may be either a single market price or a combination of market prices for price adjustment for individual items by product, market area, and publication as specified in the Table in (g) below. For purposes of this procurement, the market price is the average of the prices published in Platt's Oilgram Price Report. The applicable market price is identified by product following the Table in (g) below.

(i) Base market price means the price as shown in column IV of the Table in (g) below and is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price in effect on the date of delivery and that will be used to determine the change in market price as defined in (c)(1) below.

(3) Date of delivery is defined as follows:

(i) For free on board (f.o.b.) destination truck deliveries. The date product is received, on a truck-by-truck basis.

(ii) For all other types of deliveries. The date and time product commences moving past the specified f.o.b. point.

(c) See Note 1.

(1) Subject to the texts of this contract text, the prices payable hereunder shall be determined by adding to the base unit price the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, subsequent to the date on which the base market price is established (see column IV of the Table). The prices payable shall be issued through semimonthly contract notifications effective the first and third Monday of each month.

(2) 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.

(3) All arithmetical calculations, including the final adjusted unit price, shall be rounded to four decimal places.

(4) Failure to deliver. Notwithstanding any other texts 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.

(5) 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 See Note 2_550___ percent of the base unit price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the texts 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.

(ii) If an actual increase in the market 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.

(6) Revision of market price indicator. In the event—

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

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails 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 indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(d) Conversion factors. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule.

(e) 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, and other data the Contracting Officer deems necessary to verify Contractor adherence to the texts of this contract text.

(f) 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.

(g) Table.

Countries Included:

Product Code

Mode of Delivery

Product Name PUBLICATION Base Reference

Date

Base Reference

Price Japan JA1 TTWP 9130-00-753-5026 Platts Jetkero Japan cargo 7-Jan-19 $1.7716

Base market price – Base Reference Price (BRP) to be escalated weekly on Mondays based on previous weekly average (Monday through Friday excluding any days prices are not published) of the applicable Platts reference’s daily midpoint prices.

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 PRICE

REPORT

(name of company) (name of publication)

SEE BELOW IN PARAGRAPH (k) TABLE FOR EXACT REFERENCE.

[ ] (iii) The established price posted (name of publication) SEE BELOW IN PARAGRAPH (k) TABLE FOR EXACT REFERENCE.

(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 http://www.platts.com/ specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

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

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

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 550 percent of the award price, except as provided hereafter:

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

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

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

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

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

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

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

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

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

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

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

(k) TABLE.

* Base market price – Base Reference Price (BRP) to be escalated weekly on Mondays based on previous weekly average (Monday through Friday excluding any days prices are not published) of the applicable Platts reference’s daily midpoint prices. See escalator spreadsheet Attachment B-FINAL ESCALATOR.

Continued from (ii)

I II III IV V VI

Name of If company - Reference company/ name of product; Method of price publication If publication - delivery as of (identify heading under applicable

Countries Included:

Product Code

Mode of Delivery Product Name PUBLICATION

Base Reference Date

Base Reference Price

Indonesia MUP DR 9130-00-148-7104 Platts Mogas 97 UNL Singapore Cargo 7-Jan-19 $1.5120 DF2 DR 9140-00-286-5294 Platts S'pore Gasoil .05 % Crgo 7-Jan-19 $1.6815 JA1 TTWP 9130-00-753-5026 Platts jetkero Singapore cargo 7-Jan-19 $1.7186

Thailand MUP DR

TTWP

9130-00-148-7104 Platts Mogas 97 UNL Singapore Cargo 7-Jan-19 $1.5120

DF2 DR

TTWP

9140-00-286-5294 Platts S'pore Gasoil .05 % Crgo 7-Jan-19 $1.6815

JA1 TTWP 9130-00-753-5026 Platts jetkero Singapore cargo 7-Jan-19 $1.7186

JP8 DR

TTWP

9130-01-031-5816

Platts jetkero Singapore cargo 7-Jan-19 $1.7186 Malaysia MUP DR 9130-00-148-7104 Platts Mogas 97 UNL Singapore Cargo 7-Jan-19 $1.5120

DF2 DR 9140-00-286-5294 Platts S'pore Gasoil .05 % Crgo 7-Jan-19 $1.6815 JA1 TTWP 9130-00-753-5026 Platts jetkero Singapore cargo 7-Jan-19 $1.7186 100LL DR 9130-01-531-4426 Platts Gasoline Unl 97 FOB Spore Cargo (USD) 7-Jan-19 $1.5120

MUP DR

TTWP

9130-00-148-7104

Platts Mogas 97 UNL Singapore Cargo 7-Jan-19 $1.5120

Philippines

DF2 DR

TTWP

9140-00-286-5294

Platts S'pore Gasoil .05 % Crgo 7-Jan-19 $1.6815

JA1 DR

TTWP

9130-00-753-5026

Platts jetkero Singapore cargo 7-Jan-19 $1.7186 100LL DR 9130-01-531-4426 Platts Gasoline Unl 97 FOB Spore Cargo (USD) 7-Jan-19 $1.5120

Japan JA1 TTWP 9130-00-753-5026 Platts Jetkero Japan cargo 7-Jan-19 $1.7716

Item No. by number which reference Location where to the

(listed from (c)(2) price is published reference price reference (exclude items) above) and name of product is applicable price all taxes

SEE ATTACHMENT B’ FOR FINAL ESCALATOR

**Please note that all initial offers are to be based on reference prices published and posted 07 January 2019.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at…