Attachment B Quality Assurance Provisions (C&E QAPS).pdf

COMBINED SYNOPSIS/SOLICITATION

AGADEZ SPE605-20-R-0209

ATTACHMENT - B

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C. QUALITY ASSURANCE PROVISIONS

ENERGY QAP 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:

b) i. Color: ISO 2049/ASTM D1500

c) 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 1 st to September 30 th

, shall comply with Grade A of Table 2 in EN 590.

(4) Diesel during winter months, October 1 to April 30 th

, shall comply with the Class 1 limits set in Table 3 of EN 590.

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 issue, and any proposed changes to specification requirement limit(s) for that product.

E. INSPECTION AND ACCEPTANCE

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ENERGY QAP E12 POINT OF ACCEPTANCE (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.

ENERGY QAP E18.01 SAMPLE SUBMISSION

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.

ENERGY QAP E21.01 POINT OF INSPECTION (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 inspection at any point prior to acceptance.

(2) For f.o.b. destination contract items, inspection will normally be performed at destination, however, the Government reserves the right to perform an inspection at any point prior to acceptance.

(3) For f.o.b. destination contract items for aviation fuels delivered via waterborne transport, pipeline, rail car, tank truck, tank wagon and Bulk Fuel Container (BFC) and non-aviation fuels delivered by waterborne transport, a preliminary inspection for product quality will normally be performed at origin, with final inspection normally being at destination. However, the Government reserves the right to perform an inspection at any point prior to acceptance.

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(4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b.

destination, a preliminary inspection for product quality will normally be performed at the point of manufacturing or blending, with final inspection normally being at the f.o.b. point. However, the Government reserves the right to perform an inspection at any point prior to acceptance.

(c) When the Contractor is informed by the responsible Inspection Office that government inspection is deemed necessary, the Contractor shall ensure that the Inspection Office is provided with sufficient information and advance notification to facilitate such inspection. When government inspection is necessary at a contractor or subcontractor (commercial or government) facility, the Contractor shall notify the Inspection Office of the necessary requirements to access those facilities and shall help facilitate such access. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection.

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY APR 2016)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for

DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED

STATES (CONUS):

Alabama 110 Maine 110 Oklahoma 110

Arizona 120 Maryland 110 Oregon 120

Arkansas 110 Massachusetts 110 Pennsylvania 110

California 120 Michigan 110 Rhode Island 110

Colorado 120 Minnesota 110 South Carolina 110

Connecticut 110 Mississippi 110 South Dakota 110

Delaware 110 Missouri 110 Tennessee 110

District of Columbia 110 Montana 120 Texas 110 1

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Florida 110 Nebraska 110 Utah 120

Georgia 110 Nevada 120 Vermont 110

Idaho 120 New Hampshire 110 Virginia 110

Illinois 110 New Jersey 110 Washington 120

Indiana 110 New Mexico 120 West Virginia 110

Iowa 110 New York 110 Wisconsin 110

Kansas 110 North Carolina 110 Wyoming 120 2

Kentucky 110 North Dakota 110

Louisiana 110 Ohio 110

EXCEPTIONS:

1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas - West).

2 The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas - East).

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to

1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method.

Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the

Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

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(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS or QUALITY REPRESENTATIVE Contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor's authorized negotiator;

contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting

Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800)286-7633 or (703)767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

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(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the

Government determines not to exercise its right to reject or to require correction under the INSPECTION OF

SUPPLIES - FIXED-PRICE, INSPECTION OF SERVICES - FIXED PRICE, or CONTRACT TERMS AND

CONDITIONS - COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to --

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

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

(a) SOURCE RESTRICTION.

(1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer (CO) shall thereafter have the right, upon giving written notice, to require the Contractor to designate a single source of supply for each destination set forth in the contract. Upon receiving such notice, the Contractor shall have 10 days to respond, in writing, after which time the source restriction will become effective.

(2) In addition to the name of a single source of supply, the Contractor must provide the address of the terminal or loading point to be used in drawing the requirements for each item in the contract.

(3) The Contractor may change suppliers only after requesting and receiving the express written approval of the CO.

(b) SOURCE INSPECTION.

(1) If serious quality problems arise or if a quality problem recurs, for which the Contractor was supposed to have taken corrective action, the CO shall, in addition to source restriction, have the right to change the inspection point from destination to origin (source) by advising the Contractor in writing. Source inspection will become effective

10 days after written notice has been received by the Contractor.

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(2) At the time the change becomes effective --

(i) All appropriate contract provisions relating to origin inspection shall be incorporated into the contract for the item(s) involved;

(ii) Source restriction, if not already in force, will be invoked for all items involved, in accordance with (a) above; and

(iii) The cognizant DLA Energy field office, upon receiving written notification by the CO, will become the office responsible for inspection at the origin loading or filling point for providing necessary field assistance.

(c) Failure to provide the information requested or to take prompt corrective action may result in the item(s) and/or contract being terminated for default.