SF1449_SPE60520D1007_Puma.pdf

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

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

SPE605-20-D-1007

3. AWARD/EFFECTIVE

DATE

2020 JUN 18

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

DATE

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE605

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

Local Admin: Sabrina Holland FPE1432 Tel: 571-767-9510 Email: sabrina.holland@dla.mil

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 324110

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE605

SEE BLOCK 9

Criticality: PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

Z3S23

PUMA ENERGY (AUSTRALIA) FUELS PTY

LTD DBA BP BERRIMAH

365 Macarthur Ave

HAMILTON 0828

AUSTRALIA

TELEPHONE NO. 1300723706

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

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

OFFER

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

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

$10,176,250.00

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

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

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

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

Chihwei Liu Chihwei.Liu@dla.mil

31c. DATE SIGNED

2020 JUN 18

Puma Energy

2020-May-15

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

Amendments 1-7

See Schedule

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012)

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 5 PAGES

SPE605-20-D-1007

Quality Technical Provisions

DIESEL FUEL,DF2

9140-002865294

PR #:

IAW BASIC QAP 52838 ENERGY-QAP-C16.18-2

REVISION NR B DTD 11/01/2018

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E18.01

REVISION NR A DTD 08/01/2009

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E37

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01

REVISION NR B DTD 06/26/2015

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR B DTD 04/04/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E12

REVISION NR A DTD 07/30/2015

PART PIECE NUMBER:

Item Prod NSN Quantity UoM Mode Award Price Total SolItm .

0001 DF2 9140-002865294 4,375,000 UG6 TANK TRUCK 2.326000 10,176,250.00 USD 0020

Inspection Point: Destination Acceptance Point: Destination Accept Loc: CDFALCSPGS Ship Loc: CDFALCSPGS Inspect By: Accept By: FP4302

Period of Performance: 07/01/2020-06/30/2025

Escalator: PWAUSTGAS1- PL WKLY AUSTRALIA GSOIL 10PPM AAQUD00 Base-Ref: 09/02/2019 Base-Price: 1.879238

NSN Delivery Identification State

9140-002865294 (DF2) CDFALCSPGS - ALICE SPRINGS NT

DIESEL FUEL

Delivery Address: JOINT DEFENSE FACILITY PINE GAP 1 HATT RD ALICE SPRINGS NT 0871

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP4302 FP4302

Name Phone

FACILITY MANAGER +61-08-8951-2046

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

5 40000 TANKS

Delivery Hours: 0800-1500, INCLUDING WEEKENDS AND HOLIDAY

Delivery Notes: Customer has meter on offload station. Driver needs to have NV1 clearance. Trucks cannot enter facility between 0630-0800 nor depart 1530-1630.

Special Messages: SECURITY CLEARANCE REQUIRED

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 5 PAGES

CONTINUED ON NEXT PAGE

Part 12 Clauses

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

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 (DEC 2019) DFARS

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT

OFFSETS (JUN 2018) DFARS

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

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

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in

WAWF

Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC

Inspect By DoDAAC Ship To Code

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 5 PAGES

Part 12 Clauses (CONTINUED)

Field Name in WAWF Data to be entered in

WAWF

Ship From Code Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC LPO DoDAAC

DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

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

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(DEC 2019) DFARS

Attachments

List of Attachments

File Name Description ATTACH_Contract_Clause

_Pkg AUS Contract Clause Pkg.

pdf ATTACH_OSP_Puma_Ene rgy

OS

ATTACH_Regional_Locatio n_Map

Table of Contents

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

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

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S and Bulk) (DLA ENERGY NOV 2018)

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

SECTION D: PACKAGING AND MARKINGS

SECTION E: INSPECTION & ACCEPTANCE

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

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

E1.21 CONTRACTOR INSPECTION RESPONSIBILITIES (JET A/A-1) (BULK/PC&S) (DLA ENERGY FEB 2014) . 21

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

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)

SECTION F: DELIVERIES OR PERFORMANCE

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)

F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) ... 30 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA Energy APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

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

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

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

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

(DLA ENERGY JAN 2012)

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

Provisions and Clauses Incorporated By Reference:

FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) FAR 52.223-5 Pollution Prevention and Right to Know Information (May 2011) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-17 Interest (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.246-2 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 252.204-7012 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) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.233-7001 Choice of Law (Overseas) (Jun 1997) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 Subcontracts for Commercial Items (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 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) FAR 52.209-7 –Information Regarding Responsibility Matters (Oct 2018) FAR 52.211-16 Variation in Quantity(Apr 1984) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Oct 2019) FAR 52.216-21 Requirements (Oct 1995) FAR 52.222-50 -- Combating Trafficking in Persons. (Jan 2019) FAR 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) DFARS 252.203-7003 Agency Office of the Inspector General. (AUG 2019) 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. (MAY 2019) DFARS 252.216-7006 Ordering (SEP 2019)

DFARS 252.229-7000 Invoices Exclusive of Taxes or Duties (JUN 1997) DFARS 252.229-7001 Tax Relief-BASIC (SEP 2014)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009)

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

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

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

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

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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)

[ ] (ii) The established price posted by______________ and published in _____________ (name of company) (name of publication)

[ X ] (iii) The prior week average of the prices published in _PLATTS* ____________:

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

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

http://www.platts.com/

(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 550 percent of the award price, except as provided hereafter:

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

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

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

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

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

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

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

(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.

ITEM NUMBER

(PRODUCT ID)

PRODUCT

CODE

TYPE OF

FUEL

PLATTS REFERENCE

USED

BRP per

USG

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

09/02/19 0001-0004 & 0013 (9130-001487104)

MUP Automotive Gasoline

PLATTS WEEKLY C&F

AUSTRALIA MOGAS 95

1.745381

0005-0008 & 0014 (9140-002865294)

DF2 Diesel Fuel PLATTS WEEKLY

AUSTRALIA GASOIL

10PPM

1.879238

0009-0012 & 0015 (9130-007535026)

JA1 Aviation Jet Fuel

PLATTS WEEKLY C&F

AUSTRALIA JK

1.858952

I II III IV V VI

Name of If company - Reference company/ name of product; Method of price /gallon publication If publication - delivery as of (identify heading under applicable 2 SEP Item No. by number which reference Location where to the 2019** (listed from (c)(2) price is published reference price reference (exclude items) above) and name of product is applicable price all taxes

SEE TABLE ABOVE

Contract prices will escalate weekly using the previous weeks average (M-F). In the event of a Holiday that falls on a weekday the average would be calculated with 4 data points instead of 5.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Note that commercial or foreign specifications are not located on ASSIST and must be obtained from the relevant sponsoring organization (e.g. ASTM, SAE, API, ISO, etc.). Registered ASSIST account holders may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

Basic instructions on how to use ASSIST:

1. Go to http://quicksearch.dla.mil/.

2. Type in the numeric portion of the specification or Qualified Product List (QPL) and click on the Search button.

http://quicksearch.dla.mil/

3. Look through the search results to find the desired document and click on the Document ID.

a. For specifications: click on the .pdf link under Media.

b. For QPL information: click on the View Qualified Product Database (QPD) data link to open the QPD

i. Click on the link in the “Govt Designation” Column to view qualified products

1. To view qualified source plants, click on the Source Plants link under the Related Links column

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

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT

CODE

9130-00-753-5026 Turbine Fuel, Aviation, Jet A-1 JA1 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 any existing or after-imposed Title V (Clean Air Act) Permits. 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. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited above. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

Product shall conform to the latest version of ASTM D1655: Standard Specification for Aviation Turbine Fuels with the following modifications. For European, Middle Eastern, and Asian Locations Only: product shall conform to the latest revision of Defence Standard 91-091.

1. SPECIFICATION MODIFICATIONS

a. Microseparometer (MSEP).

i. The following MSEP ratings apply in the presence of the additives listed below. Values apply at point of manufacture:

Jet A-1 Additive MSEP Rating, min.

Fuel System Icing Inhibitor (FSII) 85 Corrosion Inhibitor/Lubricity Improver (CI/LI) 80

Fuel System Icing Inhibitor (FSII) and Corrosion Inhibitor/Lubricity Improver (CI/LI) 70

2. ADDITIVES: Additives shall not be premixed with other additives before injection into the fuel.

a. FUEL SYSTEM ICING INHIBITOR (FSII). When FSII is required by contract line item—

i. The fuel shall contain 0.07 to 0.10 percent by volume FSII.

ii. FSII shall be added to the fuel and shall be Diethylene Glycol Monomethyl Ether (DIEGME) conforming to ASTM

D4171, Standard Specification for FSIIs, Type III or MIL-DTL-85470B, dated June 15, 1999 Inhibitor, Icing, Fuel System, High Flash, NATO Code Number S-1745.

iii. When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of required additive. This additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

b. CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When CI/LI is required by contract line item the additive shall conform to the latest revision of MIL-PRF-25017H with amendment 1 dated August 4, 2011, and be listed in Qualified Products List (QPL)-25017. In order to obtain dosage data for QPL-25017 additives, log into ASSIST Online, access the Qualified Products Database (QPD), do a search for QPL number 25017, and click the MIL-PRF-25017 Category 1 link. The dosage information is located in the "source notes" for each qualified additive as minimum effective and maximum allowable concentrations in grams per cubic meter (g/m3).

c. STATIC DISSIPATER ADDITIVE (SDA). When required by contract line item-

i. SDA shall be added to the fuel and the conductivity limits of 50 to 600 picosiemens per meter (pS/m) at ambient temperature or 29.4oC (85oF), whichever is lower, unless otherwise directed by the procuring activity.

d. METAL DEACTIVATOR ADDITIVE (MDA). MDA shall not be used unless the supplier has obtained written consent from the procuring activity and user.

i. Product shall be homogeneously mixed. Until all aviation turbine fuel tanks are coated, it is acceptable to perform stratification test in lieu of circulating tanks to achieve homogeneity.

C16.18-2 FUEL OIL, DIESEL (OCONUS) (PC&S and Bulk) (DLA ENERGY NOV 2018)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-00-286-5294 Diesel Fuel DF2

Supplies delivered under this contract shall conform to all in-country environmental requirements applicable to the geographic location of the receiving activity on the date of delivery along with all other characteristic requirements (except sulfur) of the listed specifications below. In the event the in-country environmental requirement is more stringent than the 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 specifications(s) as cited below.

Diesel fuel shall conform to the commercial/local specification(s) as listed below. In accordance with applicable specification, product shall be visually free of undissolved water, sediment, and suspended matter.

COUNTRY SPECIFICATION

CANADA CAN/CGSB-3.517

COSTA RICA, EL SALVADOR, GUATEMALA,

NICARAGUA, & HONDURAS

RTCA 75.02.17

AUSTRALIA Fuel Standard (Automotive Diesel) Determination

PHILIPPINES PNS/DOE QS 004

EGYPT Egyptian Standard 16

MIDDLE EAST BS EN 590

ALL OTHER LOCATIONS ASTM D975

1. LOCATION SPECIFIC REQUIREMENTS:

a. 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.

b. For Caribbean PC&S purchase program locations only, diesel fuel shall have a minimum flash point of 60°C (140°F).

2. ADDITIONAL REQUIRMENTS

a. Total particulate contamination level as measured by ASTM D6217 shall not exceed 10 mg/L.

b. The offeror shall assume that the diesel to be provided will be winter grade diesel for the entirety of the performance period. For those locations which have the capabilities to order and store both winter grade diesel and summer grade diesel or are not worried about the carryover of one into the other, the schedule and specific line items will state the requirement for both. Those specifications, listed above, that have multiple classes or zones for cold weather and/or temperate climates, the maximum/minimum cold flow parameters will be listed in the schedule and specific line items as well.

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 and/or the corresponding, specification(s).

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

3. ADDITIVES.

a. A fuel stabilizer additive/biocide conforming to MIL-S-53021A, dated 08 Sep 2008 may be blended into the fuel to improve the suitability of fuels for intermediate (6 to18 months) and long-term (18 to 25 months) storage by preventing fuel deterioration and microbiological growth. Additive concentrations are listed in the latest revision of QPL-53021 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://quicksearch.dla.mil/. Basic instructions on how to use ASSIST:

i. Go to http://quicksearch.dla.mil/.

ii. Type in the numeric portion of the specification or Qualified Product List (QPL) and click on the Search button.

iii. Look through the search results to find the desired document and click on the Document ID.

1) For specifications: click on the .pdf link under Media.

2) For QPL information: click on the View Qualified Product Database (QPD) data link to open the

QPD

a) Click on the link in the “Govt Designation” Column to view qualified products

b) To view qualified source plants, click on the Source Plants link under the Related Links column

b. CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When required by contract line item-

i. The additive must conform to MIL-PRF-25017H with Amendment 1, dated August 4, 2011 Inhibitor, Corrosion/Lubricity Improver, Fuel Soluble (NATO S-1747), found in ASSIST and shall be listed in the electronic Qualified Products List (QPL)-25017, located in the Qualified Products Database (QPD) found at http://quicksearch.dla.mil/.

ii. The concentration of CI/LI added to the fuel must be between the minimum effective concentration and the maximum allowable concentration as listed for the CI/LI in QPL-25017.

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

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-00-148-7104 Gasoline, Premium Unleaded MUP

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, PREMIUM. Gasoline shall conform to each countries specification as listed below:

COUNTRY SPECIFICATION NATIONAL STOCK NUMBER

AUSTRALIA FUEL STANDARD (PETROL) 2001

9130-00-148-7104 CANADA CAN/CGSB-3.5-2011

JAPAN JIS K 2202

PHILIPPINES PNS/DOE QS 008:2012

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.

1. OCTANE REQUIREMENTS

e. Unleaded premium 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.

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

2. OXYGENATE REQUIREMENTS.

a. 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.

b. 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 ract requirements.

SECTION D: PACKAGING AND MARKINGS

NOT APPLICABLE

SECTION E: INSPECTION & ACCEPTANCE

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

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

(a) This contract provision applies to:

(1) All aviation fuel, lubricating oil, and additive shipments.

(2) All Bulk and Posts, Camps, and Stations non-aviation fuel shipments via pipeline or waterborne transport.

(b) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan (QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems.