SPE60520R0233 RFP Basic Agreement COG3_5.13.2020.pdf

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

CUSTOMER ORGANIZED GROUP (COG 3) Posts, Camps and Stations (PC&S) Solicitation:

SPE605-20-R-0233

THE ENCLOSED SOLICITATION COVERS THE PERIOD: May 13, 2020 through 12 May 2025

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

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

ISSUING OFFICE: DLA Energy FEPAA 8725 John J. Kingman Road, Suite 3938 Fort Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

DISTILLATES AND RESIDUALS IN VARIOUS LOCATIONS IN DELAWARE, INDIANA,

KENTUCKY, MARYLAND, OHIO, TENNESSEE, VIRGINIA, WEST VIRGINIA AND

WASHINGTON, DC.

INITIAL SUBMISSION DATE & TIME:

1. The initial closing date for receipt of Basic Agreement packets is 15 June 2020 4:30 PM, EST (Eastern Standard Time). Documentation received after 15 June 2020 4:30 PM EST will only be considered for procurements issued after 15 July 2020. Note, DLA Energy will accept Basic Agreements on a monthly basis through 15 January 2025. Review of Basic Agreements will occur on the 15th day of every month.

2. This program will be open for a period of approximately five (5) years from date of issuance, and is available on the Contract Opportunities website: https://beta.sam.gov/

3. The period of this agreement is from 13 May 2020 to 12 May 2025.

I. PURPOSE OF BASIC AGREEMENT – COG 3

The Customer Organized Group (COG) 3 Posts, Camps, and Stations Fuel Program provides ongoing fuel support for the Department of Defense (DoD) and Federal Civilian customers in various locations in

Delaware, Indiana, Kentucky, Maryland, Ohio, Tennessee, Virginia, West Virginia and Washington DC.

The DLA Energy COG 3 PC&S 3.23 Basic Solicitation SPE605-17-R-0210 was awarded on

13 October 2017 and the COG 3 Supplemental Solicitation SPE605-18-R-0215 was awarded on

14 September 2018. This program requires vendors to provide ground fuel services and products in various locations throughout the COG 3 region. DLA is seeking vendors who have the industry https://beta.sam.gov/ knowledge to support high tempo and time-constrained requirements. DLA Energy intends to enter into Basic Agreements with eligible contractors to agree, in advance of the award of any requirement, to the terms and conditions for the supply and delivery of fuel products, including diesel, gasoline, jet fuel, and

AVGAS, within the DLA Energy COG 3 PC&S program. This fuels product list is not exhaustive;

additional requirements may emerge as determined by the Government’s needs. The method for soliciting future requirements will be either through issuance of a Request for Proposals (RFP) for award of a long-term contract (LTC), or through issuance of a Request for Quotations (RFQ) for the award of one-time purchase orders, commonly known as One-Time Buys (OTBs).

As described in Federal Acquisition Regulation (FAR) Part 16.702, a Basic Agreement is a written instrument of understanding, negotiated between an agency or contracting activity and a contractor, that

(1) contains contract clauses applying to future contracts between the parties during its term, and

(2) contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the basic agreement. A Basic Agreement is not a contract. A Basic

Agreement does not obligate the Government to award any future contracts to the contractor or be used in any manner to restrict competition.

The purpose of a Basic Agreement under this solicitation is to negotiate, in advance, non-price related terms and conditions related to emerging requirements. The intent of each Basic Agreement is to streamline administrative and financial processes for contractors to support the mission of DLA Energy –

FEP. Once negotiated, the terms and conditions of the Basic Agreement will be incorporated into future contracts awarded under the Basic Agreement. The terms and conditions that will apply to all Basic Agreements issued under this solicitation are listed in this solicitation, incorporated by reference or full text. When a future requirement arises, it will be solicited using (1) an RFP and awarded as a long-term contract, or (2) an RFQ and awarded as an OTB. Basic Agreement holders may compete for requirements by submitting proposals in response to RFPs, or by submitting quotations in response to RFQs, as applicable.

IMPORTANT INFORMATION

As requirements emerge, DLA Energy – FEPAA will issue solicitations identifying the products;

quantities; delivery dates, times, and locations; specifications; reference prices (if applicable); and evaluation criteria applicable to those requirements.

Each Basic Agreement issued to a contractor will be reviewed annually and revised as necessary. DLA

Energy – FEP will consider any eligible contractor to become a Basic Agreement holder over the five-year period by continually accepting proposals in response to this solicitation. This process will be conducted monthly throughout the life of this solicitation.

WEB ADDRESS: http://www.dla.mil/Energy/ http://www.dla.mil/Energy/

II. TERMS AND CONDITIONS APPLICABLE TO THE BASIC AGREEMENT

The following terms shall apply to all Basic Agreements issued under this Solicitation:

a. This Basic Agreement contains the terms and conditions applicable to future contracts for fuel requirements under DLA Energy’s COG 3 PC&S fuel program. The term of this Basic

Agreement is the issue date of agreement through 12 May 2025.

b. This Basic Agreement is not a contract and does not obligate the Government to award any future contracts to the contractor or restrict competition in any manner. This Basic

Agreement does not obligate any funds.

c. The point at which each requirement becomes a binding contract, as described above, is as follows: For any requirement issued under an RFP, a contract is formed when the Government accepts the offeror’s proposal and awards a long-term contract. For any requirement issued under an RFQ, a contract is formed upon the earlier of contractor’s written acceptance of the Government’s purchase order, or the contractor’s failure to reject the purchase order within 24 hours of its issuance.

d. Prices to be paid to the Contractor for the supplies shall be determined in accordance with the terms of any future RFP or RFQ issued, and shall be established at the time a contract or purchase order is issued. Prices may be adjusted in accordance with the terms of an Economic Price Adjustment clause, if applicable.

e. For any purchase order issued under the RFQ, failure to reach agreement on price for any purchase order issued before its price is established is a dispute under the Disputes clause included in the Basic Agreement, see FAR 52.233-1, Disputes (May 2014) Alternate I (Dec

1991).

f. DLA Energy is the only government agency authorized to award contracts under the issued Basic Agreement.

g. The North American Industry Classification System (NAICS) code applicable for future requirements under this solicitation is 324110.

h. FAR 52.204-18, Commercial and Government Entity Code Maintenance applies to this Basic Agreement.

Under FAR 52.204-18(b), Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with FAR subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract. Under FAR 52.204-18(c), Contractors located in the United States or its outlying areas that are not registered in

SAM shall submit written change requests to the DLA Commercial and Government

Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil.

Change requests to the CAGE master file are accepted from the entity identified by the code.

i. ANNUAL REVIEW: Agreements will be reviewed annually and revised as necessary;

and may be revised more often due to mandatory statutory requirements. Changes to an agreement will only be made by modifying the agreement itself, and not by modifying a contract incorporating the agreement.

https://www.acquisition.gov/content/subpart-4212-novation-and-change-name-agreements#i1074581 https://cage.dla.mil/

j. NOTICE OF VOIDABILITY: Any FUTURE contract awarded to a contractor who at the time of award was suspended, debarred or ineligible for receipt of contracts with any government agency or in receipt of proposed debarment from any government agency is voidable at the option of the government.

k. TERMINATION: Either party may discontinue the future applicability of this Basic

Agreement upon thirty (30) days’ written notice. Discontinuing a Basic Agreement shall not affect any prior contract incorporating the Basic Agreement.

III. ELIGIBILITY REQUIREMENTS FOR A BASIC AGREEMENT

To be eligible for a Basic Agreement, Offerors must submit the following information to DLA Energy

FEPAA at: DLAENERGYFEPAA@dla.mil:

1. A signed SF 1449. All contractors submitting proposals are required to provide a CAGE Code in Block 17A of the Standard Form (SF) 1449. Offerors without a CAGE Code will not be considered.

2. Provide company name, name of authorized representative, mailing address, email address, and telephone number. Include a “Remit to” address in your BA registration package if different from mailing address.

3. All contractors are required to complete the yellow highlighted fillable clauses to their entirety. The required “fill-in” Clauses are included in this solicitation along with DLA Energy

Provision B-0001 – B1.01 - SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA

ENERGY JAN 2012).

4. All contractors must have a valid System for Award Management (SAM) registration to be considered for contract awards. SAM registration is required prior to submission of a proposal

/ quotation. SAM is an official U.S. Government system and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site.

Offerors may obtain information on registration and annual confirmation requirements at:

https://www.acquisition.gov or by calling 1-866-606-8220. Proposals by contractors that are not registered in SAM will not be considered for a Basic Agreement or contract awards.

5. ACKNOWLEDGEMENT OF AMENDMENTS: All contractors must acknowledge receipt of any amendments to this solicitation. A Contractor’s designated agent can do this by completing Block 8, signing, and returning one (1) copy of the amendment to

DLAEnergyFEPAA@dla.mil. Contractor’s designated agent must also ensure Blocks 15A, 15B, and 15C of the SF 1449 are filled.

6. Any exceptions to this solicitation’s terms and conditions should be submitted on company letterhead and clearly labeled as exceptions.

7. Lastly, to expedite your company’s registration process in preparation for future requirements under the Basic Agreement, should your company become a Basic Agreement holder, please provide the following:

a. Locations in the COG 3 region where your company can support DLA.

b. Fuel types your company can supply.

c. Contractors may identify any special capability that its company possesses, such as the capability to provide mobile retail operation for diesel fuel, gasoline or aviation fuel.

d. Submit commitment letters from suppliers FOR EACH location your company intends to support (this is mandatory if, as a Basic Agreement holder, you are interested in receiving future requirements).

https://www.acquisition.gov/ mailto:DLAEnergyFEPAA@dla.mil

e. Submit agreement letters from transportation companies FOR EACH location your company intends to support (this will be mandatory if, as a Basic Agreement holder, you are interested in receiving future requirements).

f. For paragraph (d) and (e) above, refer to paragraphs (D) and (E) of section IV – Terms and Conditions for Future RFPs/RFQs.

IV. TERMS AND CONDITIONS APPLICABLE TO FUTURE RFPs/RFQs

A) PROPOSAL SUBMISSION: In response to any future solicitations under the Basic Agreement, Offeror(s) will be required to submit proposals and offer prices in the Posts, Camps and Stations

(PC&S) Offeror Entry Tool (OET). PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on a DLA Energy fuel Solicitation.

Offeror must be registered in PC&S OET application in order to submit proposals. In order to have system access to PC&S OET, offerors must request the applicable user roles at:

https://amps.dla.mil

i) Once the registration is processed via AMPS, a DLA Energy Helpdesk ticket will be created to establish a unique User Name and Password for access to PC&S OET.

You will be notified by email once your authorization request has been processed and then use this information to log on to register in the PC&S OET application.

ii) Please utilize the link above and/or the attached documents titled “Request for Role

Guide” and “PC&S OET Vendor Guide” for assistance in acquiring access to AMPS and the PC&S OET application. If you experience trouble registering and additional assistance is needed, please send an email to the DLA Enterprise Help Desk at

DLAEnterpriseHelpDesk@dla.mil or call toll free (855)-352-0001 and select the option for assistance with AMPS.

iii) After the registration process is completed the offeror will be able to log-on to the application and select a solicitation to bid on. The offeror will then select the applicable line items and enter offer prices for each line item. The offeror will then submit its bid package on the PC&S OET website along with its offer prices.

B) AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR

52.212-1, Instructions to Offerors – Commercial Items (MAR 2020). The Government intends to evaluate proposals and quotes, and award contracts without discussions. However, the

Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. Therefore, all offerors are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will, at that time, evaluate proposals or quotes and award a contract after conducting discussions with Offerors whose proposals or quotes have been determined to be within the competitive range.

C) EVALUATION: FAR 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to future solicitations issued under the Basic Agreement. Offerors should thoroughly read and understand the terms and conditions contained in this solicitation and future solicitations. Failure to provide any information requested in the solicitation may render an offeror’s proposal unacceptable, and

Please note instructions and procedures, listed below, apply to awards made on FUTURE requirements.

These instructions and procedures will apply to future procurements of fuel products within the COG 3 PC&S program.

https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil preclude it from any further consideration for a contract award. Offerors should ensure that the information contained in their proposal is factual, accurate and complete.

D) CERTIFICATES OF ANALYSIS OR QUALITY: All contractors that are interested in being considered for a contract award for Biodiesel (B20), Ethanol Fuel (E85), Marine Gas Oil

(MGO), or Turbine Fuel Aviation (JAA) must submit a certificate of analysis (COA) and a certificate of quality (COQ) demonstrating that the offeror can provide fuel meeting the applicable specification. If this information is not provided in response to the RFP, the offer will not be considered for these products. All future RFPs/RFQs will include Quality Assurance Provisions for products being solicited.

E) PRE-AWARD SURVEYS: DLA Energy may conduct pre-award surveys to determine contractor responsibility including the offeror’s transportation, technical, production, financial and quality assurance capabilities. Pre-Award Surveys may require offerors to submit COAs and/or COQs for all products offered; along with transportation agreements and other information as required. Please allow a minimum of sixty (60) days for completion of Pre-Award Surveys.

F) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE (BRP): Please refer to B-0002 B19.02-ECONOMIC PRICE ADJUSTMENT PETROLUM PRODUCT PRICE, POSTS CAMPS, & STATIONS (PC&S) (DLA ENERGY JUNE 2017) listed in this solicitation.

The BRP and EPA index provided in the future solicitation will depend on the requirement, location and product being solicited. Offerors should use the publication that is listed in the future RFP as the escalation reference for offer prices.

i) After award, the contract price for all Contract Line Items (CLINs) will escalate daily (M-F), in accordance with solicitation provision B19.19-ECONOMIC PRICE

ADJUSTMENT – PETROLEUM PRODUCT PRICE, POSTS, CAMPS, & STATIONS

(PC&S) (DLA ENERGY JUNE 2017) based upon the prescribed escalation publication referenced in the RFP.

ii) Price changes are not based on product cost or vendor profit margin. After award DLA

Energy will provide updated contract prices in Prices to Web https://p2web.energy.dla.mil/

G) ORDERING PERIOD: The ordering period for all RFP requirements contracts awarded will be from Date of Award through TBD. Offerors are required to provide written acknowledgement at the time of submission of the initial offer that the offer prices provided are accurate; offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to the solicitation.

H) Point(s) of Contact: For clarification of any issues resulting from this solicitation, please contact

Brian Hobbs, Contract Specialist 571-767-0423 (telephone), Brian.Hobbs@dla.mil

Candy Cross, Contracting Officer 571-767-8368 (telephone), Candy.Cross@dla.mil

Chihwei Liu, Contracting Officer 571-767-8398 (telephone), Chihwei.Liu@dla.mil

Group Email: DLAEnergy-FEPAA@dla.mil

I) DUNS NUMBER: Include your company’s Data Universal Numbering System (DUNS) Number on all Price Data Sheet(s) as part of your proposal / quotation for future requirements.

J) SUPPLIES TO BE FURNISHED: The description, quantities, location, delivery hours, equipment, etc. required will be listed under B-0001 – B1.01 - SUPPLIES TO BE FURNISHED

(DOMESTIC PC&S) (DLA ENERGY JAN 2012)

K) FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT: Long-term contracts awarded under a future solicitation will be Fixed-Price Requirements contracts with Economic https://p2web.energy.dla.mil/ mailto:Brian.Hobbs@dla.mil mailto:Candy.Cross@dla.mil mailto:Chihwei.Liu@dla.mil

Price Adjustment. The applicable performance periods for LTCs will be listed in the RFPs.

Base reference dates, prices, and publications will be provided in the RFP or RFQ when the requirement, product, and quantity are solicited.

L) SITE VISITS: Contractors are strongly encouraged to carefully review all requirements and visit any locations prior to submitting a proposal under this solicitation in accordance with DLA Energy Provision L54 SITE VISIT (DLA ENERGY OCT 1992).

M) FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997), applies to the future solicitation. A Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, will be required for all hazardous material. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the offeror being considered non-responsible and ineligible for award.

N) Pursuant to FAR 52.229-3 (FEDERAL, STATE, and LOCAL TAXES (FEB 2013) all offerors will be required to include any applicable taxes and/or fees into an offer price. Offerors should not include any taxes or fees from which the United States is exempt. Fees, levies etc. included in the offer price, must be specified on the Price Data Sheet. Offerors must provide substantiating official documentation from the local government indicating that the U.S. Government is not exempt from payment of the specified levy, fee etc.

O) All offers submitted for future requirements must reference the offeror’s Basic Agreement and provide the Basic Agreement number.

THE FOLLOWING PROVISIONS/CLAUSES ARE INCLUDED IN THIS SOLICITATION

SECTION B: SUPPLIES OR SERVICES AND PRICE COST

CLAUSE TITLE PAGE

B-0001 B1.01 - SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA

ENERGY JAN 2012)

B-0002 B19.19-ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT

PRICE, POSTS, CAMPS, & STATIONS (PC&S) (DLA ENERGY JUNE

2017)

B-0003 B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE

(PC&S) (ETHANOL) (DLA ENERGY JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION

**SPECIFIC FUEL CLAUSES WILL BE PROVIDED WHEN FUTURE REQUIREMENTS ARE SOLICITED**

SECTION E: INSPECTION AND ACCEPTANCE

**SPECIFIC FUEL CLAUSES WILL BE PROVIDED WHEN FUTURE REQUIREMENTS ARE SOLICITED**

QAP E22 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY APR 2016)

ATT 2

QAP E35 E35 NON CONFORMAING SUPPLIES AND SERICES

(DLA ENERGY DEC 2011)

ATT 3

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 21

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 21

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 22

F-0001 F1.01-1 - DELIVERY CONDITIONS FOR TRANSPORT

TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS

(DLA ENERGY JAN 2012)

F-0002 F1.09-2 - DETERMINATION OF INVOICE QUANTITY (PC&S)

(DLA ENERGY JAN 2012)

F-0003 F1.11 - DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA

ENERGY APR 2014)

F-0004 F3 - TRANSPORT TRUCK AND/OR TRUCK AND TRAILER

FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY

AUG 2005)

F-0005 F3.03 - NOTIFICATION OF CHANGE IN TRANSPORTATION

COMPANY (PC&S) (DLA ENERGY APR 2005)

F-0006 F4 - DELIVERY AND ORDERING PERIODS (DLA ENERGY

JUN 2002)

F-0007 F98 – DELIVERY CONDITIONS FOR ALL GRADES OF

MOTOR GASOLINE AND AVIATION FUELS (DLA ENERGY

OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

AND RECEIVING REPORTS (DEC 2018)

DFARS 252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

(DEC 2018)

G-0001 G3 - INVOICE NUMBERING REQUIREMENTS (DLA

ENERGY AUG 1998)

G-0002 G9.06 - ADDRESS TO WHICH REMITTANCE SHOULD

BE MAILED (DLA ENERGY JAN 2017)

G-0003 G9.07 - ELECTRONIC TRANSFER OF FUNDS PAYMENT

- CORPORATE TRADE EXCHANGE (DLA ENERGY JUL

2007)

G-0004 G150.06 - SUBMISSION OF INVOICES FOR PAYMENT

(DOMESTIC PC&S) (DLA ENERGY JAN 2012)

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE (OCT 2018)

IBR

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

IBR

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS --

COMMERCIAL ITEMS (OCT 2018)

Incorporates by Reference:

o FAR 52.202-1 Definitions (Nov 2013) o FAR 52.233-1 Disputes Alt I (May 2014)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS (MAR 2020)

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 (Jul 2018) o FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug

2019) 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)

Particular to this Contract, the Contracting Officer also Incorporates by Reference:

o FAR 52.203-6 Restrictions on

Subcontractor Sales to the Government –

Alternate 1 (Sept 2006) o FAR 52.204-10 Reporting Executive

Compensation and First-Tier Subcontract

Awards (Oct 2018) o FAR 52.209-6 Protecting the

Government’s Interest When

Subcontracting with Contractors

Debarred, Suspended, or Proposed for

Debarment (Oct 2015) o FAR 52.223-18 Encouraging Contractor

Policies to Ban Text Messaging While

Driving (Aug 2011) o FAR 52.225-13 Restrictions on Certain

Foreign Purchases (Jun 2008) o FAR 52.222-3 Convict Labor (June 2003) o FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2020) o FAR 52.222-21 Prohibition of Segregated

Facilities (Apr 2015) o FAR 52.222-26 Equal Opportunity (Sept

2016) o FAR 52.222-35 Equal Opportunity for

Veterans (Oct 2015) o FAR 52.222-36 Equal Opportunity for

Workers with Disabilities (Jul 2014) o FAR 52.222-37 Employment Reports on

Veterans (Feb 2016) o FAR 52.222-40 Notification of Employee

Rights Under the National Labor

Relations Act (Dec 2010) o FAR 52.222-50 Combating Trafficking in

Persons (Jan 2019) o FAR 52.222-54 Employment Eligibility

Verification (Oct 2015)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 58

FAR 52.229-3 FEDERAL, STATE, and LOCAL TAXES (FEB 2013) 59

FAR 52.232-17 INTEREST (MAY 2014) 60

FAR 52.242-13 BANKRUPTCY (JUL 1995) IBR

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 61

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 61

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (SEP 2011)

IBR

DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING

FOR CONTRACTORS (FEB 2019)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING (DEC 2019)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED

DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES (DEC 2019)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE

AGREEMENT HOLDERS (DEC 1991)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION

(MARCH 2016)

DFARS 252.216-7006 ORDERING (SEP 2019) 77

DFARS 252.219.7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD

CONTRACTS) –BASIC (DEC 2019)

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (SEP 2019) IBR

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

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 81

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

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN

2013)

IBR

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC

(FEB 2019)

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE

DISPUTE RESOLUTION (ADR) (DEC 2016)

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUNE 2009) 84

I-0002 I1.20-2 CLAUSES AND PROVISIONS INCORPORATED

BY REFERENCE (PC&S) (DLA ENERGY JAN 2012)

I-0003 I11.01-2 - ADMINISTRATIVE COST OF TERMINATION

FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY

FEB 1996)

I-0004 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA

ENERGY NOV 2011) (DEVIATION)

I-0005 I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND

FEES (DLA ENERGY DEC 2019)

I-0006 I28.03-1 TAX EXEMPTION CERTIFICATES (DLA

ENEREGY AUG 2003)

I-0007 I186 - PROTECTION OF GOVERNMENT PROPERTY

AND SPILL PREVENTION (DLA ENERGY FEB 2009

I-0008 I86.03 – ORDER LIMITATIONS (PC&S) (DLA ENERGY

JAN 2012)

I-0009 I209.09 - EXTENSION PROVISIONS (DLA ENERGY JAN

2012)

I-00010 I209.1– OPTION TO EXTEND THE TERM OF THE

CONTRACT (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

OSP & SF1449 SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS and Fill In Clauses

ATT 1

QAP E22 E22 LIST OF INSPECTION OFFICES FOR DLA

ENERGY CONTRACTS (DLA ENERGY APR 2016)

ATT 2

QAP E35 E35 NON CONFORMAING SUPPLIES AND

SERICES (DLA ENERGY DEC 2011)

ATT 3

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

FAR 52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC

2019)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

– COMMERCIAL ITEMS (MAR 2020)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF

FORMER DOD OFFICIALS (NOV 2011)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES REPRESENTATION –

BASIC (DEC 2019)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED

DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES – REPRESENTATION (DEC 2019)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS

OPERATIONS WITH THE MADURO REGIMEN

(DEVIATION 2020-O0005)

K-0001 K1.01-7 OFFER REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS

(CON’T)(DLA ENERGY FEB 2009)

K-0002 K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA

ENERGY 2012)

K-0003 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 116

K-0004 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY

APR 2007)

K-0005 K150 WIDE AREA WORKFLOW (WAWF)

SUPPLEMENTAL INVOICE SUBMISSION (DLA

ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

(MAR 2020)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 121

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 121

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 (JUL 2019) 122

L-0001 DLAD L06 AGENCY PROTEST (DEC 2016) 123

L-0002 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA

ENERGY NOV 1991)

L-0003 L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 124

L-0004 L54 - SITE VISIT (DLA ENERGY OCT 1992) 125

SECTION M: EVALUATION FACTORS FOR AWARD

**EVALUATION CRITERIA WILL BE SPECIFIED IN ANY FUTURE REQUEST FOR

PROPOSALS OR REQUEST FOR QUOTATIONS ISSUED**

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

SECTION B: SUPPLIES OR SERVICES AND PRICE COST

B-0001 B1.01 - SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) DLA ENERGY JAN 2012)

SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies.

The destination for each item is the point of delivery shown in the particular item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

ITEMS SUPPLIES, DELIVERY POINTS, AND

METHOD OF DELIVERY

ESTIMATED

QUANTITY

(001) AVGAS (130) NSN:9130-00-179-1122 TBD

(002) BIODIESEL (BDI) NSN:9140-01-470-

TBD

(003)

(004)

(005)

(006)

DIESEL FUEL #1 (DS1) NSN: 9140-01-

524-5174

DISEL FUEL #2 (DS2) NSN: 9140-

01-524-0139

RED DYED DIESEL FUEL (DSS)

NSN: 9140-01-541-6760

RED DYED DIESEL FUEL (DSW) NSN:

9140-01-541-6767

(007)

FUEL ETHANOL (E85) NSN: 9130-01-

470-2024

(008)

(009)

(010)

(011)

(012)

(013)

(014)

(015)

(016)

(017)

(018)

(019)

FUEL OIL BURNER (FL5) NSN: 9140-

01-058-4431

FUEL OIL BURNER (FS1): NSN:9140-

00-247-4366

FUEL OIL BURNER (FS2) NSN: 9140-

00-247-4365

FUEL OIL BURNER (FS4) NSN: 9140-

00-247-4360

FUEL OIL BURNER (FS6), NSN: 9140-

00-247-4354

TURBINE FUEL AVIATION (JAA) NSN:

9130-00-359-2026

MARINE GAS OIL (MGO) NSN: 9140-

01-417-6843

REFORMULATED GASOLINE

MIDGRADE (MMR) NSN: 9130-01-

388-451

REFORMULATED GASOLINE

PREMIUM (MPR) NSN: 9130-01-388-

REFORMULATED GASOLINE

REGULAR (MRR) NSN: 9130-01-388-

GASOLINE MIDGRADE UNLEADED

(MUM) NSN: 9130-01-272-0983

GASOLINE PREMIUM UNLEADED

(MUP) NSN: 9130-00-148-7104

(020) GASOLINE REGULAR UNLEADED

(MUR) NSN: 9130-00-148-7103

B-0002 B19.19-ECONOMIC PRICE ADJUSTMENT – PETROLUM

PRODUCT PRICE, POSTS CAMPS, & STATIONS (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 onTBD. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

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

(4) Date of delivery means—

(i) For tanker or barge deliveries.

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

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

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

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

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product

Price Adjustments to reflect any price change pursuant to this contract text.

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

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

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

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

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

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

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And

Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 550% percent (%) of the of the base price in any applicable program year, except as provided below.

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

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

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

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

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

B-0003 B19.27-3 - ECONOMIC PRICE ADJUSTMENT - MARKET

PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in this contract do not include allowances for any portion of the contingency covered by this contract 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 and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

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

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual http://www.desc.dla.mil/ 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 550% percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

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

SECTION C: DESCRIPTION/SPECIFICATION

**SPECIFIC FUEL CLAUSE WILL BE PROVIDED WHEN REQUIREMENTS ARE SOLICITED**

SECTION E: INSPECTION AND ACCEPTANCE

**SPECIFIC FUEL CLAUSE WILL BE PROVIDED WHEN REQUIREMENTS ARE SOLICITED**

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the

Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

“I certify that on ___ [insert date], the ___ [insert Contractor's name] furnished the supplies or services called for by Contract No. ___ via ___ [Carrier] on ___ [identify the bill of lading or shipping document] in accordance with all applicable requirements.