Contract Clauses.pdf

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Federal Acquisition Circular Number: 2023-02 Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

LIST OF APPLICABLE CLAUSES

SECTION B: SUPPLIES OR SERVICES PRICE COST

Pursuant to SPE605-20-R-0228 Amd 0013, updated clauses and provisions are denoted by an asterisk (*). Electronic full text versions of FAR, DFARS, and DLAD clauses are found at https://www.acquisition.gov. Updated DLA Energy full text tailored clauses and provisions are issued with Amd 0013.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

QUALITY

ASSURANCE

PROVISION

NUMBER

TITLE

PAGE

C1.02 ASST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014) 17

*C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY JUL 2022) 17

C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) 17

C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY FEB 100LL) 18

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

(DLA ENERGY APR 2021)

C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY JUN 2009) 18

*C16.38-2 FUEL OIL, BURNER No. 2 S5000 (DLA ENERGY JUN 2021) 18

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

ENERGY SEP 2014)

C16.69 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY SEP 2014)

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

SEP 2014)

C16.69 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY SEP 2014) (MRR)

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 13

*B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POSTS,

CAMPS, AND STATIONS (PC&S) (DLA ENERGY JUNE 2017)

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

(DLA ENERGY APR 2020)

https://www.acquisition.gov/

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

C16.69 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY SEP 2014) (MMR)

C16.69 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY SEP 2014) [DS1] 18

C16.69 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY

SEP 2014) [DS2]

C16.69 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY SEP 2014) [DSS] 18

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

2014)

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

PROVISION

TITLE PAGE

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) 18

E1.21 JET A / JET A-1 (DLA ENERGY FEB 2014) 18

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 18

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 18

E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 18

*E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY FEB 2022)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 18

E37

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

DEC 2011)

E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK

FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014)

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSE NUMBER TITLE PAGE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 18

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 19

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 19

*F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DLA ENERGY MARCH 2022)

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) 24

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-

UP (DLA ENERGY JAN 2004)

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

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

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

(APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 26

F20 AUTOMATIC FILL-UP (DLA ENERGY JAN 2012) 26

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSE NUMBER TITLE

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

*DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) 31

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 33

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017)

G-0003 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE

TRADE EXCHANGE (DLA ENERGY JUL 2007)

G-0004 G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S)

(DLA ENERGY JAN 2012)

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

CLAUSE NUMBER TITLE PAGE

The first section of Section I Contract Clauses are incorporated by reference (IBR) into this solicitation and any resulting contract.

FAR 52.203-3 GRATUITIES (APR 1984) (IBR) 39

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) (IBR) 39

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020) (IBR)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021) (IBR)

*FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) 39

*FAR 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (OCT 2022)

*FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023) (IBR)

FAR 52.242-13 BANKRUPTCY (JUL 1995) (IBR) 40

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) (IBR)

*DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (JAN 2023) (IBR)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) (IBR)

DFARS 252.219-7009 SECTION 8(A) DIRECT AWARD (OCT 2018) 40

DFARS 252.219-7010 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

PARTICIPANTS—PARTNERSHIP AGREEMENT (OCT 2019)

*DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (JAN 2023) (IBR)

*DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS

CONCERNS (JAN 2023)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IBR) 40

*DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) (IBR) 40

*DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES (JAN 2023) (IBR)

*DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (JAN 2023)

This second section of Section I Contract Clauses are inserted in full text into this solicitation and the resulting Contracts.

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

Note, some of the below clauses have additional contract clauses IBR into them as well.

*FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(DEC 2022)

• Incorporates by Reference:

o FAR 52.202-1 Definitions (JUN 2022) o FAR 52.233-1 Disputes (May 2014)

*FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAR 2023)

• Incorporates by Reference:

o FAR 52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (Jan 2017) o FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) o FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) o FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) o FAR 52.233-3 Protest After Award (Aug 1996) o FAR 52.233-4 Applicable Law for Breach of Contract Claim

(Oct 2004)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 55

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 56

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 60

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 60

*DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN

2023)

DFARS 252.216-7006 RESERVED

*DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) BASIC

(DEC 2019)

*DLAD 5452.233-9001 DISPUTES- AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(ADR) (JUN 2020)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 62

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

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

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

(DEVIATION)

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

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

2019)

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 65

I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 66

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DLA ENERGY FEB 2009)

I209.09 EXTENSION PROVISIONS (JAN 2012)

SECTION J: LIST OF ATTACHMENTS

ATTACHMENT A - SCHEDULE LINE-ITEM NARRATIVES 67

ATTACHMENT B - BASE REFERENCE PRICES & ESCALATORS 67

ATTACHMENT C - AMPS ROLE GUIDE 67

ATTACHMENT D - REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE 67

ATTACHMENT E - PCS OET VENDOR GUIDE 67

ATTACHMENT F - SDVOSB AND SMALL BUSINESS SET ASIDES

ATTACHMENT G - C ENERGY QAPS 67

*ATTACHMENT H - E ENERGY QAPS 67

SECTION K: REPRESENTATION AND CERTIFICATIONS

*FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

*FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 69

*FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

*FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (OCT 2020)

*DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION – BASIC (DEC 2019)

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

*DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (MAY 2021)

*DFARS 252.225.7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (MAY 2022)

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 87

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 87

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 88

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NUMBER TITLE CLAUSE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 88

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 98

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 93

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

*DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022) 94

DLAD L06 AGENCY PROTESTS (DEC 2016) 95

DLAD L09 REVERSE AUCTION (OCT 2016) 95

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 96

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 96

L54 SITE VISIT (DLA ENERGY OCT 1992) 97

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED

IN THE DELIVERY OF PRODUCT (PC&S (DLA ENERGY JAN 2012)

SECTION M: EVALUATION FACTORS FOR AWARD

PROVISION NUMBER TITLE PAGE

*FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

Solicitation Number: SPE605-20-R-0228 Amendment 0013 (COG 4, Posts, Camps & Stations (PC&S) PP 3.24).

Effective Date: 03/16/2023 Defense Federal Acquisition Regulation Supplement Change 03/22/2023 Effective Date: 03/22/2023 Defense Logistics Acquisition Directive (DLAD) Change Number: DLAD Change 8/30/2022 Effective Date: 08/30/2022

M48.01 EVALUATION OF OFFERS (BARGE ITEMS) (DLA ENERGY MAR 1980) 99

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 99

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997)

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA ENERGY March 2022)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon-- (1)Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(4) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(5) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(6) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

B19.19 Economic Price Adjustment - Petroleum Product Price , Post, Camp, and Station (PC&S) (DLA Energy JUNE 2017)

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP AND STATION

(PC&S) (JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

(2) The prices to be invoiced hereunder shall be computed daily in accordance with the wording of this contract text.

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published on 03/27/2023. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commences loading.

(B) F.o.b. destination: The date and time vessel commences discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the

Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed _935% percent (%) of the of the base price in any applicable program year, except as provided below.

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

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

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

(e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

(f) Publications. The following publication(s) is (are) used:

B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY APR 2020)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

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

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. Any resultant price changes shall be provided via notification through contract modifications.

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

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

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

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

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

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

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

(8) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 935% percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

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

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

(d) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract.

(e) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract text.

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

(g) MARKET INDICATOR TABLE.

I II III IV V

If company -name of product;

If publication - Base market heading under price as of

Name of which market Location where ____________ company/ price is published market price (base market date)

Item no. publication and name of product is applicable excludes all taxes)