SPE60520R0200_Final.pdf

SPE605-20-R-0200

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

Synopsis/Solicitation

SOLICITATION NUMBER: SPE605-20-R-0200 (COG 7, POSTS, CAMPS & STATIONS (PC&S) PP 3.27).

PART: U.S. GOVERNMENT PROCUREMENTS

SUBPART: Supplies, Equipment, and Material

CLASS CODE: 91 – Fuels, Lubricants, Oils and Waxes

ISSUING OFFICE: Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPBB,

Matthew Womer, Zulma Irizarry, & Lawrence Watson 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

RESPONSES DUE: November 19, 2019, 3:30 PM, Eastern Standard Time (EST)

ORDERING PERIOD: Date of Award through August 31, 2024

DELIVERY PERIOD: 48 Hours after the Date of Award through

September 30, 2024 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT OF

DEFENSE AND FEDERAL CIVILIAN AGENCIES IN THE STATES OF ARIZONA,

CALIFORNIA, NEVADA, AND UTAH.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

MATTHEW WOMER LAWRENCE WATSON

(571) 767-9543 (571) 767-9546

MATTHEW.WOMER@DLA.MIL LAWRENCE.WATSON@DLA.MIL

ZULMA IRIZARRY

Phone: (571) 767-8251

ZULMA.IRIZARRY@DLA.MIL

WEB ADDRESS: https://today.dla.mil/Pages/Home.aspx

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHED PAGES

mailto:MATTHEW.WOMER@DLA.MIL mailto:LAWRENCE.WATSON@DLA.MIL mailto:ZULMA.IRIZARRY@DLA.MIL

SPECIAL INSTRUCTIONS FOR OFFERORS

a) 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.

b) The Government intends to procure 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, with price and other factors considered (See Evaluation criteria under SECTION M).

c) This Solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2019 - 01 Effective 20 December 2018; Federal Acquisition Regulation (FAR): FAC 2019-03 Effective 12 July 2019; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 2019 0531 Effective 31 May 2018 Edition DLAD current to DLAD Rev. 5 & Proc. Ltr. 2019-04 and DEPI June 2019 up to CI 17-02 16 Nov 2016.

d) Solicitation Number SPE605-20-R-0200, is issued as a Request for Proposals (RFP).

e) SET ASIDES: This RFP has twelve (12) contract line items set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). This RFP has 188 contract line items set-aside for Small Businesses. The remaining 171 contract line items are solicited under Full and Open Competition. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard for a small business is either that it has 1500 employees, including all affiliates, or that it has a capacity to refine no more than 200,000 barrels per calendar day.

(See 13 C.F.R. § 121.201). Offerors that propose to furnish an item that it did not itself manufacture, but wants to be considered for a set-aside award, must comply with 13 C.F.R. § 121.406. The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone (571) 767-9465.

f) SDVOSB SET ASIDES: As previously stated, 12 line items are set aside for SDVOSBs. Offerors are advised that the SBA has waived the non-manufacturer rule requirement for the 12 line items set aside for SDVOSBs under this Solicitation. See Attachment F for a full list of those 12 line items. FAR 52.219-27, NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003) applies to the line items identified in Attachment F as SDVOSB set-asides.

g) SB SET ASIDES: As previously stated, 188 line items are set-aside for Small Businesses. See Attachment F for a list of the line items set aside for small businesses. FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003) applies to the line items identified in Attachment F as set aside for small businesses.

h) SCHEDULE: The description, quantities, location, delivery hours, equipment, and other details required for this solicitation are listed in ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

i) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.19 ECONOMIC

PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION (PC&S) (DLA

ENERGY JUNE 2017) and B-19.27-3 – ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012). The base reference date is 24 May 2019. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all Line Items will escalate/de-escalate daily (Monday through Friday, and any deliveries made on Saturday and Sunday will use Friday’s Price.) in accordance with the above Economic Price Adjustment clauses based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. Any proposal for an alternate escalator will not be accepted.

j) CLOSING DATE: 19 November 2019; 3:30 PM, Eastern Standard Time (EST).

k) PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post Camps and Stations (PC&S) Offer Entry Tool (OET).

1. 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 Note: All offer prices shall be entered and submitted in OET. All supporting document should be submitted through email.

2. Please use the attached instruction titled, “AMPS Role Guide-ATTACHMENT C to obtain an AMPS account if you do not already have one.

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

4. 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 the attached instructions titled, “PC&S OET Vendor Guide.”

5. 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.

6. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to Matthew.Womer@dla.mil; Zulma.Irizarry@dla.mil and Lawrence.Watson@dla.mil to request allowance for 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 afully functioning state.

7. For further instructions on OET and AMPS please see the following attachments:

a. Attachment C

b. Attachment D

c. Attachment E

All remaining proposal documentation shall be sent via email to Matthew.Womer@dla.mil, Zulma.Irizarry@dla.mil, and Lawrence.Watson@dla.mil

l) TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

INCLUDE: Any Federal Excise Taxes (FET) shall be included in your offer prices.

INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities.

Offerors are advised that offer prices shall include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies.

Offer price should be a unit price per gallon.

m) LATE OFFERS: Please note that offers must be received by 19 November 2019, 3:30 PM Eastern Standard Time (EST). Any offer received after 19 November 2019, 3:30 PM Eastern Standard Time (EST) will be considered “late.”

Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018).

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Zulma.Irizarry@dla.mil mailto:Lawrence.Watson@dla.mil mailto:Matthew.Womer@dla.mil mailto:Zulma.Irizarry@dla.mil mailto:Lawrence.Watson@dla.mil

n) 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 determined by the Contracting Officer to be 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 offer.

o) CONTRACT TYPE: The fuel requirements issued under this solicitation are for the remainder of the current contract cycle. A contract awarded as a result of this solicitation will be a FIXED PRICE REQUIREMENTS CONTRACT WITH ECONOMIC PRICE ADJUSTMENT. Please refer to FAR 52.216-1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

p) EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (OCT 2014). 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 offer unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete.

(PLEASE REFER TO SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS)

q) BIODIESEL CERTIFICATIONS: In accordance with Clause C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors submitting prices for Biodiesel are required to submit a copy of its B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer to be found responsible and stay in the competitive range. Without these documents, your offer may be disqualified.

r) OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non- oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Clause C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017) for oxygenate requirements.

s) ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through 31 August 2024. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a five

(5) year requirement.

t) PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant L1.02 – PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991), Offerors agree to honor prices indicated in their Offers for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

u) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to contract award. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (OCT 2018) applies to this acquisition. Offerors shall complete this provision in (SAM). 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

v) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please include your CAGE code in your offer submission letter. If you have not been assigned a CAGE code, insert the word “None” when referencing CAGE code.

https://www.acquisition.gov/

w) DUNS NUMBER: Please include your company’s Data Universal Numbering System Number in your offer submission letter.

NOTICE: 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.

x) ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued.

y) DLA Energy may conduct pre-award surveys to determine responsibility.

z) Offerors should identify any exceptions taken to the terms and conditions of the solicitation on company letterhead with their proposal, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-19-R-0200 Points of contact for information regarding this solicitation are:

Matthew Womer Lawrence Watson Phone: (571) 767-9543 Phone: (571) 767-9546 Email: Matthew.Womer@dla.mil Email: Lawrence.Watson@dla.mil

Zulma Irizarry Phone: (571) 767-8251 Email: Zulma.Irizarry@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR 52.212-1, OFFERORS

SHALL DO THE FOLLOWING:

(1) Offerors must be registered in the following systems:

• System for Award Management (SAM) at https://www.sam.gov,

• Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

• DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE DATE AND

TIME.

(2) All offers must comply with the instructions in FAR 52.212-1(b) to include at a minimum:

a. The solicitation number,

b. Adhere to the date and time specified in the solicitation for receipt of offers,

c. The name, address, and telephone number of the offeror,

d. 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, mailto:Matthew.Womer@dla.mil mailto:Lawrence.Watson@dla.mil mailto:Zulma.Irizarry@dla.mil https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

e. Terms of any express warranty,

f. Price submitted through PC&S OET with all taxes and fees included

g. Any discount terms,

h. Remit to address, if different than mailing address,

i. 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),

j. Return a signed copy of all Solicitation Amendments; and

k. Offers must be submitted on Company Letterhead that includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(3) 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 SPE605-20-R-0200.

(4) The following clauses are included in full text in this solicitation or are incorporated by reference into this solicitation.

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.01 – SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN

2012)

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE,

POST, CAMP, AND STATION (PC&S) (DLA ENERGY JUNE 2017)

B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S)

(ETHANOL) (DLA ENERGY JAN 2012)

SECTION C: DESCRIPTION / SPECIFICATION

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE, AND ARE

PROVIDED IN FULL TEXT IN ATTACHMENT G:

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

C16.14 – FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011)

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

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS

(BUNKERS) (DLA ENERGY FEB 2019)

C16.27 – FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014)

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

ENERGY JUN 2017)

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

ENERGY JUN 2017)

C16.69-7 – GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED

GASOLINE) (PC&S) (DLA ENERGY DEC 2016) [MRR]

C16.69-8 - GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED

GASOLINE) (PC&S) (DLA ENERGY DEC 2016) [MMR]

C16.69-10 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

[DS1]

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

[DS2]

C16.69-12 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

[DSS]

C16.69-13 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016)

[DSW]

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

[GUR]

C16.69-15 – GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

[GUM]

C16.69-16 – GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

[GUP]

C16.69-17 – FUEL OIL, BURNER SPECIFICATION (PC&S) (FL2) (DLA ENERGY

DEC 2016)

SECTION D - PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE, AND ARE

PROVIDED IN FULL TEXT IN ATTACHMENT H:

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

E18.01 –QAP E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

E22 –QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

E35 –NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E37 – SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA

ENERGY DEC 2011)

E40.01 –QAP 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

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)

F1.26 – DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC

FILL-UP (DLA ENERGY JAN 2004)

F3 – TRANSPORT TRUCK AND/OR TRAILER FREE TIME AND DETENTION

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

F3.03 – NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)

(DLA ENERGY APR 2005)

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

F20 – AUTOMATIC FILL-UP (DLA ENERGY JAN 2012)

F98 – DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

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)

G3 – INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.06 – ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017)

G150.06 – SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA

ENERGY JAN 2012)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 - DEFINITIONS (NOV 2013)

FAR 52.203-3 - GRATUITIES (APR 1984)

FAR 52.203-12 - LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

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 52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

AND OTHER COVERED ENTITIES (JUL 2018)

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 52.232-39 - UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

FAR 52.232-40 - PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 - DISPUTES (MAY 2014)

FAR 52.242-13 - BANKRUPTCY (JULY 1995)

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

DFARS 252.203-7000 - REQUIREMENTS RELATING TO COMPENSATION OF

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)

DFARS 252.204-7003 - CONTROL OF GOVERNMENT PERSONNEL WORK

PRODUCT (APR 1992)

DFARS 252.204-7009 - LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-

PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT

2016)

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 252.225-7021 - 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 252.232-7010 - LEVIES ON CONTRACT PAYMENTS (DEC 2006)

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-BASIC (FEB

2019)

FAR 52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT. (AUG 2019)

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

(MAY 2019)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JAN 2019)

(DEVIATION 2019-O0003)

FAR 52.219-27, NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (JAN 2019) (DEVIATION 2019-O0003)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997)

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

FAR 52.232-17 – INTEREST (MAY 2014)

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

FAR 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

DFARS 252.216-7006 ORDERING (MAY 2011)

DFARS 252.219-7003 – SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS) BASIC (MAY 2019)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES

(DEC 2017)

DLAD 52.233-9001 DISPUTES AGREEMENTS TO USE ALTERNATIVE DISPUTE

RESOLUTION (DEC 2016)

I1.01 – DEFINITIONS (DLA ENERGY JUN 2009)

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

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I28.01 – FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011)

(DEVIATION)

I28.02-2 - FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY JUL

2006)

I28.03-2 – TAX EXEMPTION CERTIFICATES (DLA ENERGY APR 2006)

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 AND CERTIFICATIONS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR

1985)

FAR 52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS—REPRESENTATION (JAN 2017)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

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

FAR 52.204-20 - PREDECESSOR OF OFFEROR (JULY 2016)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT. (AUG 2019)

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 CONICTION UNDER ANY

FEDERAL LAW (FEB 2016)

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

FAR 52.225-25 – PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING

IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –

REPRESENTATION AND CERTIFICATIONS (AUG 2018)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (NOV 2011)

DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND

CERTIFICATIONS (JUN 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)

K1.01-12 – SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012)

K15 – RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 – AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K150 – WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS AND

QUOTERS

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

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT

2018) (DEVIATION 2018-O0018)

FAR 52.216-1 – TYPE OF CONTRACT (ARP 1984)

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

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

OFFERS (APR 1984)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR

CONTRACTORS (FEB 2019)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DLAD L06 AGENCY PROTESTS (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)

M48.01 – EVALUATION OF OFFERS (BARGE ITEMS) (DLA ENERGY MAR 1980)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

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

APR 1997)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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 7) 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.

SEE ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

NOTE: The above requirements are to be delivered via tank truck, tank wagon, drums, and/or barge to various Military and Federal Civilian facilities within the COG 7 Region.

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

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

(a) Warranties: The Contractor warrants that—The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and

(1) 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 24 May 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 550 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):

SEE ATTACHMENT B “PUBLICATION ESCALATORS USED”

Note: B-19.27-3 – ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012) applies to all ethanol line items in lieu of B19.19 ECONOMIC PRICE ADJUSTMENT -

PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION (PC&S) (DLA ENERGY JUNE 2017).

B19.27-3 – ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA

ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract provision.

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

(1) Award price means the unit price accepted by the Government for the item of supply identified by the item number.

(2) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract provision. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract provision. The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

(3) Adjusting market price means the market price in affect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date the product is received on a truck-by-truck basis.

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. 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.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

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

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to 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 from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(8) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 550% percent of the award price in any applicable program year (whether it is 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 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the base market price would raise an award 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) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and 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.

(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 conditions of this contract provision.

(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 provision.

(g) MARKET INDICATOR TABLE.

I II III IV V

If company -name of product; If pub

Base market

Name of heading under which market

Location where price as of

10 SEP 2018

company/ price is published market price (base market date) Item no. publication and name of product is applicable excludes all taxes)

“SEE ATTACHMENT B FOR “REFERENCE ESCALATORS”

SECTION C: DESCRIPTION / SPECIFICATION

The following clauses are incorporated by reference, and are provided in full text in Attachment G:

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

C16.14 – FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011)

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

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS) (DLA

ENERGY FEB 2019)

C16.27 – FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014)

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

JUN 2017)

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

C16.69-7 – GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE) (PC&S) (DLA

ENERGY DEC 2016) [MRR]

C16.69-8 - GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE) (PC&S) (DLA

ENERGY DEC 2016) [MMR]

C16.69-10 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DS1]

C16.69-11 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DS2]

C16.69-12 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSS]

C16.69-13 – DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSW]

C16.69-14 – GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUR]

C16.69-15 – GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUM]

C16.69-16 – GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUP]

C16.69-17 – FUEL OIL, BURNER SPECIFICATION (PC&S) (FL2) (DLA ENERGY DEC 2016)

SECTION D - PACKAGING AND MARKING

NOT APPLICABLE

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference, and are provided in full text in Attachment H:

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

E18.01 –QAP E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

E22 –QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

APR 2016)

E35 –NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

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

E40.01 –QAP 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

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 Each Delivery Order.

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.