RFP_SPE605-20-R-0203_Afghanistan US Embassy - Final 13Feb2020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 71

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SPE60520R0203

SPE605

Net 30 days

SEE SCHEDULE

SPE605

SEE BLOCK 9

Criticality: C PAS : None

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

See Schedule

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

SL4701

X

324110

Roger Brown 571-767-0548 5 March 2020 / 4:00PM EST

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SPE605-20-R-0203 Page 3 of 71

SF Form 1449 - ADDITIONAL INFORMATION CONTINUED

a. The Government intends to procure commercial petroleum fuel products in accordance with FAR Part 12 , Commercial Items and FAR Part 15, Contracting by Negotiation. Reference FAR 52.212-2 Evaluation—Commercial Items (OCT 2014) for this solicitation. Proposals will be evaluated based upon technical acceptability, past performance, and price. The Government will evaluate proposals using a past performance/price tradeoff source selection process in accordance with FAR

15.101-1. Offerors must offer on all line items. An offeror that fails to offer on all products will be ineligible for award. CLINs will not be evaluated and awarded independently from other CLINs.

b. REQUIREMENTS CONTRACT: The Government intends to award a requirements-type contract with economic price adjustment as a result of this solicitation. This means there are no guarantees of minimum orders, or any orders at all. The total estimated quantity listed in the solicitation is a good-faith best estimate of projected usage during the contract period. In addition, the contract is not completed or fulfilled if the total estimated quantity is ordered or exceeded.

c. Offerors, be advised, you must complete and submit one copy of all forms contained in the Solicitation. Copies of all documents submitted shall be exactly the same as original. Certification and Representation clauses shall be answered in either the affirmative or negative, as applicable. If a clause does not apply, LEAVE BLANK. (DO NOT state "N/A - Not Applicable.") Offer shall be signed by an authorized negotiator – see K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Solicitation. Please initial all changes and corrections. Offerors shall acknowledge receipt and acceptance of all amendments to this Solicitation. FAR Clause 52.212-5 lists out all clauses incorporated by reference (IBR). Please be advised that Offerors are responsible for knowing and complying with the referenced clauses as if they appeared in full text. Please read in its entirety FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS.

d. Any reference to DAY(S) within the solicitation should be considered BUSINESS DAY(s) (Monday through Friday). Hours of operation listed in the schedule (Section “B”) are for Afghanistan’s time zone, any other reference to hours/time, unless otherwise stated, within the solicitation will be for United States Eastern Standard Time (EST). Any reference to Holidays shall be considered U.S. Holidays unless otherwise noted as Afghanistan Holiday. Any reference to BIMONTHLY shall be considered twice a month, unless otherwise noted. All quantities listed on the schedule (Section “B”) are estimates.

e. COMPETITIVE RANGE: 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 and written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

f. DISCUSSIONS: The government intends to award without discussions; however, to maximize the government’s ability to obtain the best value, it may be necessary to conduct discussions. Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of contracting officer judgement. If discussions are conducted, they will be limited for the purposes of efficiency to offerors that are within the competitive range. The contracting officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Offerors are advised to submit initial proposals, which are fully and clearly compliant without the need to submit additional information.

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

h. In order to be eligible for award, an offeror must receive a recommendation for award under a pre-award survey. A pre-award survey is an onsite review (in the physical location of the offeror) or a desk audit of the offeror’s capabilities as it relates to the requirements under the solicitation. The goal of the pre-award survey is to assess the prospective offeror’s responsibility in accordance with FAR 9.104-1. An offeror that does not receive a recommendation for award will be eliminated from competition.

i. Pursuant to L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010), proposals may be submitted via e-mail.. Emailed proposals must contain all required representations and certifications as well as all required signatures. E-Mail address to submit proposals is: DLAEnergyPEC@dla.mil.

j. QUESTION AND ANSWER PERIOD. Starting from the issue date of this solicitation through February 20, 2020, 4:00p.m.

Eastern Standard Time (EST), offerors are invited to ask questions regarding the solicitation (Attachment I). No further questions will be accepted after the above stated date and time. Email your questions to DLAEnergyPEC@dla.mil. Answers will mailto:DLAEnergyPEC@dla.mil mailto:DLAEnergyPEC@dla.mil

SPE605-20-R-0203 Page 4 of 71 be consolidated and answered via an official amendment to the solicitation. Any extension of the closing date of the solicitation is at the sole discretion of the Contracting Officer and if any extension of the closing date is provided it will be issued via an amendment. Offerors are required to review and submit signed acknowledgements for all amendments with your proposal.

k. 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 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.

l. Please note DFARS 252.229-7014, TAXES – FOREIGN CONTRACTS IN AFGHANISTAN (DEC 2015) is included in this solicitation and will be a clause in any resulting contract. DFARS 252.229-7014 outlines specific tax requirements for the resulting contract under this solicitation.

m. CLOSING DATE: Please note that all required documents to be submitted as part of an offeror’s proposal must be received prior to March 5, 2020, 4:00 PM EST. Proposals received after the closing date and time will be considered “late” and will processed in accordance with FAR 15.208- Submission, Modification, Revision, and Withdrawal of Proposals.

n. Please note that the customer requires the offeror to deliver fuel to its location 24 hours/7 days a week, which may include U.S.

and Afghanistan holidays. Please consider this requirement when submitting your proposal.

o. JCCS Requirement: All prime vendors and subcontractors at all tiers must have an active registration and approval for base/installation access in the Joint Contingency Contracting System (JCCS) to be considered for contract awards in the U.S.

Central Command (CENTCOM) Area of Operation (AOR). All prime vendors and subcontractors at all tiers must maintain active registration and base/installation access approval in JCCS during the entire period of contract performance. The U.S.

Central Command (CENTCOM) Area of Responsibility (AOR) includes the following countries: Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, and Yemen. Each Offeror shall submit its registration number with its offer package. Instructions for account registration and training can be found at www.jccs.gov. Please go to www.jccs.gov, <http://www.jccs.gov/> then click on "vendor login", click the registration tab, and follow the directions from there.

Minimum required information to be submitted in your proposal:

Company Information Company Name*

Revenue Size*

Company Address*

Country*

Company Province/State*(if applicable)

Company City* (if applicable)

Tax ID Number*

Tax ID Expiration Date*

Vendor Licensing Number*

License Expiration Date*

Vendor Licensing Issuing Agency

Number of Offices*

Number of Host Nation Employees

Woman Owned (Yes/No)

NGO (Yes/No)

Method of Payment*

Preferred Currency Type*

Business Class Type

Product/Service Description Sector and

Operation Type

Identification Codes

Classification Codes

Bank Information (for EFT Payment Method):

Bank Name*

Bank Address*

Country

Province/State

City

Phone Number

Bank Account Number*

ACH Routing Number

SWIFT Code

Type of Account*

IBAN

Point of Contact Information Primary Point of Contact Email*

Primary Point of Contact Title

Primary Pont of Contact First Name*

Primary Point of Contact Last Name * Primary Point of Contact Phone*

Primary Point of Contact Fax

Additional Information required for Iraqi and Afghan Vendors:

Position*

Middle Name*

Nickname*

Passport Number*

Tribe*

Date of Birth* http://www.jccs.gov/

SPE605-20-R-0203 Page 5 of 71

INDEX

Section B- Supplies or Services and Price/Costs

PROVISION/CLAUSE TITLE PAGE

B1.05

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

ENERGY JAN 2012)

B19.02

ECONOMIC PRICE ADJUSTMENT (OVERSEAS)(DLA ENERGY JAN 2012)

Section C- Description/Specifications/Statement of Work

PROVISION/CLAUSE TITLE PAGE

C1

SPECIFICATIONS (DLA ENERGY JAN 2012)

C16.67-2

DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST)

(DLA ENERGY NOV 2018)

C16.69-2

GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S)

(DLA ENERGY JUN 2017)

Section D- Packaging and Marking

PROVISION/CLAUSE TITLE PAGE

None

Section E- Inspection and Acceptance

PROVISION/CLAUSE TITLE PAGE

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

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES

(DLA ENERGY JAN 2012)

E12 POINT OF ACCEPTANCE (DLA ENERGY QAP JUL 2015) 17

E18.01 SAMPLE SUBMISSION (DLA ENERGY QAP AUG 2009) 17

E21.01 POINT OF INSPECTION (DLA ENERGY QAP JUN 2015) 17

E22

LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY QAP DEC 2011) 19

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

DEC 2011)

Section F- Deliveries or Performance

PROVISION/CLAUSE TITLE PAGE

F1.01-1

DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS, AND

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

F1.09-8

DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA

ENERGY SEP 2005)

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 22

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

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

(DLA ENERGY AUG 2005)

SPE605-20-R-0203 Page 6 of 71

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

ENERGY APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 24

F51

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

Section G- Contract Administration Data

PROVISION/CLAUSE TITLE PAGE

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 25

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)

G150.07-2

SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S)(DLA ENERGY

JAN 2012)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 30

DLAD 52.233-9001 DISPUTES – AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC

2016)

Section H- Special Contract Requirements

PROVISION/CLAUSE TITLE PAGE

C-JTSCC 5152.225-5902

FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS

(JUN 2015)

C-JTSCC 5152.225-5907

MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR

EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR) (JUN 2015)

C-JTSCC 5152.225-5915

CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY (JUN 2014) 34

C-JTSCC 5152.225-5916

MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS (OCT 2015) 35

Section I- Contract Clauses

PROVISION/CLAUSE TITLE PAGE

FAR 52.203-3 GRATUITIES (APR 1984) 36

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018) 36

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 36

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

FAR 52.204-25 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

SPE605-20-R-0203 Page 7 of 71

DFARS 252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7002

REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

DFARS 252.204-7004

LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(FEB 2019)

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 36

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 36

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (OCT 2018) 36

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2020)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 40

FAR 52.216-18 ORDERING (OCT 1995) 40

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) 40

FAR 52.216-21 REQUIREMENTS (OCT 1995) 41

FAR 52.223-3

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

(JAN 1997)

FAR 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

FAR 52.229-6 TAXES—FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 41

FAR 52.232-17 INTEREST (MAY 2014) 41

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

(MAY 1999)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 41

FAR 52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014) 41

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 41

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 41

FAR 52233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 41

FAR 52.242-13

BANKRUPTCY (JUL 1995) 41

FAR 52.242-17

GOVERNMENT DELAY OF WORK (APR 1984) 41

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 41

FAR 52.252-1

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 42

SPE605-20-R-0203 Page 8 of 71

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 252.225-7021 TRADE AGREEMENTS-BASIC (SEP 2019) 42

DFARS 252.225-7031

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

DFARS 252.225-7041

CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7050

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018)

DFARS 252.225-7975

ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS

(DEVIATION 2020-O0001) (NOV 2019)

DFARS 252.225-7993

PROHIBITION ON PROVIDING FUNDS TO THE ENEMY AND AUTHORIZATION

OF ADDITIONAL ACCESS TO RECORDS (DEVIATION 2020-O0001) (NOV 2019)

DFARS 252.225-7995

CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL

COMMAND AREA OF RESPONSIBILITY (DEVIATION 2017-O0004)(SEPT 2017)

DFARS 252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(APR 2019)

DFARS 252.229-7000

INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)

DFARS 252.229-7001

TAX RELIEF—BASIC (SEP 2014)

DFARS 252.229-7007

VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUN 1997)

DFARS 252.229-7014

TAXES – FOREIGN CONTRACTS IN AFGHANISTAN

(DEC 2015)

DFARS 252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997) 43

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 43

DFARS 252.233-7001 CHOICE OF LAW(OVERSEAS)(JUN 1997) 43

DFARS 252.243-7001

PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 43

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) 43

I11.01-2

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL

ITEMS (DLA ENERGY FEB 1996)

I209.09

EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

Section J- List of Attachments

PROVISION/CLAUSE TITLE PAGE

PRICE DATA SHEETS Attachment 1

SPE605-20-R-0203 Page 9 of 71

PAST PERFORMANCE QUESTIONNAIRE Attachment 2

PAST PERFORMANCE DATA SHEET

Attachment 3

LETTER OF COMMITMENT INSTRUCTIONS

Attachment 4

TECHNICAL CAPABILITY PERFORMANCE DATA SHEET

Attachment 5

Section K- Representations, Certifications, and other Statements of Offerors or Respondents

PROVISION/CLAUSE TITLE PAGE

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) 44

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) 44

FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) 44

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 44

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 45

FAR 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 (DEC 2019)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015)

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 252.209-7002

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN

GOVERNMENT (JUN 2010)

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE-BASIC (NOV 2014) 59

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 59

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 59

K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 59

K150

WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

Section L- Instructions, Conditions and Notices to Offerors or Respondents

PROVISION/CLAUSE TITLE PAGE

SPE605-20-R-0203 Page 10 of 71

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 60

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018) 60

FAR 52.214-34 SUBMISSION OF OFFERS IN ENGLISH LANGUAGE (APR 1991) 65

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S.CURRENCY (APR 1991) 65

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 65

FAR 52.232-38

SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 65

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 65

L54 SITE VISIT (DLA ENERGY OCT 1992) 66

L117

NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

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

Section M- Evaluation Factors for Awards

PROVISION/CLAUSE TITLE PAGE

FAR 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 66

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 69

M72

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

1997)

SPE605-20-R-0203 Page 11 of 71

Part I-The Schedule

SECTION B- SUPPLIES OR SERVICES AND PRICES/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, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE

ADJUSTMENT contract text.

b. In an emergency, oral orders may be issued and shall be confirmed in writing by a Standard Form 1449 or DD

Form 1155 within 24 hours.

c. Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as _3_-year requirements. Period of performance is 1 May 2020 through 30 April 2023.

CLIN

ESTIMATED

QUANTITY (USG)

OFFERED UNIT

PRICE

TOTAL OFFER PRICE

(QUANTITY * UNIT

PRICE)

0001 24,840 $X.XX 24,840 x $X.XX

0002 223,560 $X.XX 223,560 x $X.XX

0003 74,520 $X.XX 74,520 x $X.XX

0004 18,180,000 $X.XX 18,180,000 x $X.XX

0005 5,580,000 $X.XX 5,580,000 x $X.XX

0006 558,900 $X.XX 558,900 x $X.XX

0007 381,600 $X.XX 381,600 x $X.XX

Total $

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

0002 223,560 USG

Gasoline Automotive, Product Code: MUM 24,840 USG

NSN: 9130-01-272-0983 or Commercial Equivalent

Specification: BS EN 590 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGALVARADO-ALVARADO

Delivery Mode: Tank Truck with pump

Number of Tanks: 1 Above Ground Tank

Tank Capacity: 8,000 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Note 1. Govt requires capability for Pick-up and Delivery at each location

Note 2. Contractor required to make Pick-up and delivery available 24hrs 7 dys a week

(24/7) Closed on US Federal Holidays

Period of Performance: 1 May 2020 – 30 April 2023

Gasoline Automotive, Product Code: MUM

NSN: 9130-01-272-0983 or Commercial Equivalent

Specification: BS EN 228 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGQASIMI-QASIMI

Delivery Mode: Tank Truck with pump

Number of Tanks: 1 Below Ground Tank

Tank Capacity: 26,000 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Closed on US Federal Holidays

SPE605-20-R-0203 Page 12 of 71

Note 1. Govt requires capability for Pick-up and Delivery at each location

Note 2. Contractor required to make Pick-up and delivery available 24hrs 7 dys a week

(24/7) Period of Performance: 1 May 2020 – 30 April 2023

Gasoline Automotive, Product Code: MUM 74,520 USG

NSN: 9130-01-272-0983 or Commercial Equivalent

Specification: BS EN 590 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGUSEKGSO-USK GSO MOTORPOOL (FUEL STATION)

Delivery Mode: Tank Truck with pump

Number of Tanks: 3 Below Ground Tanks

Tank Capacity: 4,500 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Closed on US Federal Holidays

Note 1: Customer requires capability for Pick-up and Delivery at each location

Note 2: Customer requires the ability to pick up fuel 24/7 at each location.

Period of Performance: 1 May 2020 – 30 April 2023

Diesel Product Code: SFD 18,180,000 USG

NSN: 9140-01-556-9156 or Commercial Equivalent

Specification: BS EN 590 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGUSEKABL-USEK MAIN

Delivery Mode: Tank Truck with pump

Number of Tanks: 3 Below Ground Tanks

Tank Capacity: 236,000 USG, 128,700 USG, 8,000 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Closed on US Federal Holidays

Note 1. Govt requires capability for Pick-up and Delivery at each location

Note 2. Contractor required to make Pick-up and delivery available 24hrs 7 dys a week

(24/7) Period of Performance: 1 May 2020 – 30 April 2023

Diesel Product Code: SFD 5,580,000 USG

NSN: 9140-01-556-9156 or Commercial Equivalent

Specification: BS EN 590 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGALVARADO-ALVARADO

Delivery Mode: Tank Truck with pump

Number of Tanks: 1 Above Ground Tank, 1 Below Ground tank

Tank Capacity: 13,200 USG (Above) 60,000 USG (Below)

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Note 1. Govt requires capability for Pick-up and Delivery at each location

Note 2. Contractor required to make Pick-up and delivery available 24hrs 7 dys a week

(24/7) Closed on US Federal Holidays

Period of Performance: 1 May 2020 – 30 April 2023

Diesel Product Code: SFD 558,900 USG

NSN: 9140-01-556-9156 or Commercial Equivalent

Specification: BS EN 228 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGQASIMI-QASIMI

Delivery Mode: Tank Truck with pump

Number of Tanks: 1 Below Ground Tank

Tank Capacity: 87,000 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Closed on US Federal Holidays

Note 1. Govt requires capability for Pick-up and Delivery at each location

Note 2. Contractor required to make Pick-up and delivery available 24hrs 7 dys a week

(24/7) Period of Performance: 1 May 2020 – 30 April 2023

0007 Diesel Product Code: SFD 381,600 USG

SPE605-20-R-0203 Page 13 of 71

NSN: 9140-01-556-9156 or Commercial Equivalent

Specification: BS EN 590 (Most Current Specifications Standards)

FOBTT within a 20 km/12 mi radius of all supported sites

Delivery Location: CDGUSEKGSO-USK GSO MOTORPOOL (FUEL STATION)

Delivery Mode: Tank Truck with pump

Number of Tanks: 3 Below Ground Tanks

Tank Capacity: 4,500 USG

Delivery Hours: 0000 to 2359 (Monday-Sunday)

Closed on US Federal Holidays

Note 1: Customer requires capability for Pick-up and Delivery at each location

Note 2: Customer requires the ability to pick up fuel 24/7 at each location.

Period of Performance: 1 May 2020 – 30 April 2023

* Specifications stated are applicable to Contract line Item Number (CLIN) nomenclature indicated herein

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 Reports

(name of publication)

[ ] (iii) The established price posted by ______________________________________________________ and

(name of company) published in _________________________________________________________

(name of publication)

(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

SPE605-20-R-0203 Page 14 of 71 than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase.

However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

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

CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. 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 __350%____ percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract 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.

(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. The Base Reference Price (BRP) date is November 1, 2019 and the publication and BRPs to be used when http://www.desc.dla.mil/

SPE605-20-R-0203 Page 15 of 71 submitting offers (unless using uncommon escalators- see M-0001 for instructions) are as follows:

Product Publication Price Per

U.S. Gallon Unleaded, Automotive

Gasoline

(9130-01-272-

0983 (MUM)

Platts Gasoline 95 RON Unl FOB Arab Gulf Cargo $1.688452

Diesel Fuel. 10

PPM SULF

(9140-01-556-

9156 (SFD)

Platts Gasoil 10 ppm FOB Arab Gulf $1.762771

Product prices will escalate monthly based on the average of high and low assessments contained in the Platt’s publication for the month prior to the month deliveries are made. Therefore, the effective price for the period of the 1st through the 30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month. Saturdays and Sundays shall be considered as Platt’s nonpublication days. If assessments are not posted by Platt’s during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation.

SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s).

C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE) (MIDDLE EAST) (DLA ENERGY NOV 2018)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered a nonconforming supply. Product(s) supplied shall fully meet the requirements of the applicable specification(s) as cited below.

Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown above. Maximum sulfur content, as stated in EN 590, is 10 mg/kg

(0.0010 wt%).

(a) FOR LOCATIONS IN KOSOVO:

(1) TESTING REQUIREMENTS: The following additional tests shall be performed and results reported:

(i) Color: ISO 2049/ASTM D1500

(ii) Acid Number: ISO 6618/ASTM D974

(2) In addition to the EN 590 specification requirement for water content of 200 mg/kg or ppm (0.0200 wt%) maximum, and particulate content of 24 mg/kg or ppm (0.0024 wt%) maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 °C (77 °F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg (0.0024 wt%) sediment and no more than 200 mg/kg

(0.0200 wt%) water.

(3) Diesel during the summer months, May 1st to September 30th, shall comply with Grade A of Table 2 in EN 590.

(4) Diesel during winter months, October 1 to April 30th, shall comply with the Class 1 limits set in Table 3 of EN 590.

SPE605-20-R-0203 Page 16 of 71

(b) FOR LOCATIONS IN AFGHANISTAN: Diesel fuel delivered to all locations in Afghanistan shall meet the Grade E, - 15°C maximum cold filter plugging point, as detailed in EN 590 Section 5.6.1, Table 2 – Climate Related Requirements and Test Methods

– Temperate Climates.

(c) FOR ALL LOCATIONS: Written exception(s) or deviation(s) must be submitted to DLA Energy contracting officer if the

Contractor is unable to meet any of the characteristic requirements of the above listed specification(s). Exception(s) and/or deviation(s) must state the reason why the contractor is unable to meet requirements, if this will be for the entirety of the performance period, if it is source specific, the Contractor’s course of action on how they plan on resolving this changes to specification requirement limit(s) for that product.

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA ENERGY JUN 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-272-0983 Gasoline, Midgrade Unleaded MUM

Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with existing or future

Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE. Gasoline shall conform to each countries specification as listed below:

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

9130-01-272-0983

CANADA CAN/CGSB-3.5-2001

COSTA RICA RTCA 75.01.20:04

EL SALVADOR RTCA 75.01.20:04

GUATEMALA RTCA 75.01.20:04

HONDURAS RTCA 75.01.20:04

NICARAGUA RTCA 75.01.20:04

PHILLIPINES PNS/DOE QS 008:2012

MIDDLE EAST EN 228

ALL OTHER REGIONS ASTM D4814

LOCAL SPECIFICATIONS: In-country specifications not meeting the specification requirements in the chart above, but meet local requirements may also be submitted for review and approval.

(a) OCTANE REQUIREMENTS

(1) Unleaded midgrade automotive gasoline shall meet the Motor Octane Number (MON), Research Octane Number (RON) and/or Anti-Knock

Index (AKI) limits described in the specification listed for each country or the in-country requirements when applicable.

(2) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with specification listed for each country requirements when applicable.

(b) OXYGENATE REQUIREMENTS.

(1) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.

(2) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.

SECTION D- PACKAGING AND MARKINGS

SPE605-20-R-0203 Page 17 of 71

Not applicable

SECTION E- INSPECTION AND ACCEPTANCE

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

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DLA ENERGY

JAN 2012)

If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

E12 POINT OF ACCEPTANCE (DLA ENERGY QAP JUL 2015)

(a) For f.o.b. origin contract items, acceptance of the supplies furnished hereunder shall take place at origin.

(b) For f.o.b. destination contract items, acceptance of the supplies furnished hereunder shall take place at destination.

(c) Acceptance shall take place as stated above, unless specifically stated otherwise in the contract.

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

The Contractor shall furnish hereunder, from time to time, samples of each product or grade of product to be furnished under this contract at the request of, and in the manner and to the place designated by, the Quality Representative;

PROVIDED, however, that in no event shall the Contractor be required to furnish during the period of this contract more than five 1-gallon samples under each contract line item. Such samples shall be furnished without charge to the

Government and shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor.

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

(a) This Energy QAP applies to the Bulk Fuel, Bulk FSII, Bulk Lube Oil and Posts, Camps, and Stations Programs.

(b) When government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the

LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVE Energy QAP of this contract, whichever is applicable.

(1) For f.o.b. origin contract items, inspection will normally be performed at origin, however, the Government reserves the right to perform an…