SF1449 SPE60521R0206 1.08.21.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SEE SCHEDULE

PAGE 1 OF

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

a. NAME

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE605-21-R-0206

b. TELEPHONE NUMBER (No collect calls)

6. SOLICITATION ISSUE

DATE

11/25/2020

8. OFFER DUE DATE/

MR. MARK DAVIS/ MS. DAISY WILLIAMS 571-767-0341/1778

LOCAL TIME

01/04/2021

3:00 PM

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 71 % FOR:

DLA ENERGY- FEPCA SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR, VA 22060-6222

USA

MR. MARK DAVIS / MARK.A.DAVIS@DLA.MIL

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

NAICS:

324110

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

15. DELIVER TO

SEE SCHEDULE

12. DISCOUNT TERMS

NET 30

CODE

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

16. ADMINISTERED BY

13b. RATING

DO-C9

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

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

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:MARK.A.DAVIS@DLA.MIL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

COG 2 POSTS, CAMPS AND STATIONS (PC&S) SOLICITATION SPE605-21-R-0206

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-21-R-0206 (COG 2 POSTS CAMPS AND STATIONS (PC&S)) PROGRAM

NUMBER 3.22

PART: U.S. Government Procurements

SUBPART: Supplies, Equipment, and Material

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

PERIOD OF PERFORMANCE: April 1, 2021 through March 31, 2026

ISSUING OFFICE:

Defense Logistics Agency (DLA) Energy

ATTN: DLA ENERGY-FEPCA

Mark Davis & Daisy Williams 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

Gasoline, Aviation (130 LL), Biodiesel (BDI), Diesel Fuel (DS1, DS2, DSS & DSW), Fuel, Ethanol (E85), Fuel Oil, Burner (FL2, FS1, FS2, FS4 & FS6), Turbine Fuel, Aviation (JAA), Kerosene (KS1, KSN & KSR), Gas Oil, Marine (MGO), Gasoline, Automotive (MMR, MRR, MUM, MUP & MUR), for Department of Defense and federal civilian agencies in the states of; Connecticut (CT), Massachusetts (MA), Maine (ME), New Hampshire (NH), New Jersey (NJ), New York (NY), Pennsylvania (PA), Rhode Island (RI), and Vermont (VT).

DLA ENERGY POINTS OF CONTACT FOR INFORMATION:

MARK DAVIS DAISY WILLIAMS

(571) 767-0341 (571) 767-1778

MARK.A.DAVIS@DLA.MIL DLAENERGYFEPCA@DLA.MIL

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

PROPOSAL DUE DATE AND TIME: JANUARY 11, 2021, 3:00PM EASTERN TIME, FT. BELVOIR,

VA LOCAL TIME.

mailto:MARK.A.DAVIS@DLA.MIL mailto:DLAENERGYFEPCA@DLA.MIL https://www.dla.mil/Energy

COG 2 POSTS, CAMPS AND STATIONS (PC&S) RFP# SPE605-21-R-0206

SPECIAL INSTRUCTIONS FOR OFFERORS

I. GENERAL INFORMATION

A. REGULATIONS: This Solicitation incorporates provisions & clauses in effect through the Federal Acquisition Circular (FAC) 2020-04 Effective January 15, 2020; Defense Federal Acquisition Regulation Supplement (DFARS) Effective March 24, 2020; Defense Logistics Agency Directive (DLAD) Effective October 14, 2019, and DLA Energy Procurement Instruction (DEPI) effective September 2020.

B. SOLICITATION NUMBER: Solicitation Number SPE605-21-R-0206 is issued as a Request for

Proposals (RFP).

C. SET ASIDES AND THE NONMANUFACTURER RULE

The COG 2 solicitation consists of a total of 719 line items. Of this amount, 512 line items are set aside for Small Business Concerns, 97 line items are set aside for Service Disabled Veteran Owned Small Businesses (SDVOSB), and the remaining 110 line items will be procured on an unrestricted basis. Attachment (B), Table of Contents column “Competition Type" provides a breakout of the small business, SDVOSB, and unrestricted line items.

All line items in this solicitation fall under the North American Industrial Classification System (NAICS) code 324110 for Petroleum Refineries. To qualify as a small business for this solicitation, the firm, including its affiliates, must be a concern that has either no more than 1,500 employees or produces no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. Capacity includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the capacity size standard, the firm, together with its affiliates, must be primarily engaged in refining crude petroleum into refined petroleum products. A firm's “primary industry” is determined in accordance with 13 CFR 121.107.

For this procurement, DLA Energy was granted a waiver of the Nonmanufacturer Rule from the Small Business Administration for all VA line items which will be set aside for SDVOSBs. The waiver allows SDVOSBs to source fuel products for all VA line items under this procurement from any domestic fuel refiner regardless of size.

SDVOSB SET ASIDES:

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

SET-ASIDE (MAR 2020) (DEVIATION 2020-O0008) applies to the 97 line items, supplying U.S.

Department of Veterans Affairs (VA) locations, set aside for SDVOSBs. Any company submitting an offer for these line items must be listed on the VA’s Center for Verification and Evaluation (CVE) website, at https://vip.vetbiz.va.gov/, as a certified SDVOSB at the time of proposal submission. These CLINs will identified on the Solicitation Schedule.

D. SCHEDULE: The description, quantities, locations, delivery hours, equipment, and other details required for this solicitation are listed in Attachment (B), “Schedule.”

E. PRE-AWARD SURVEY: DLA Energy may conduct pre-award surveys to determine responsibility.

F. QUESTION AND ANSWER PERIOD: To encourage maximum participation, a question and answer period has been established. Starting from the issue date of this solicitation to December 17, 2020 3:00p.m. Eastern, Ft. Belvoir, VA local time, all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items included in Attachment (B). No further questions will be received after the above stated date and time. All questions shall be submitted to both Mark.A.Davis@dla.mil and DLAENERGYFEPCA@dla.mil.

Questions will be consolidated and answered via official amendment(s) to the solicitation.

Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

G. PLACING ORDERS: In accordance with F1.11, “DLA Internet Bid Board System (DIBBS) (DLA

ENERGY) (APR 2014),” the Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS prior to offer submission. To obtain an account, visit https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, https://www.sam.gov/SAM/, in order to register for DIBBS, and prior to offer submission.

H. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Offerors shall refer to the escalators stated for each line item in Attachment (B), and to Contract Text B19.19, “Economic Price Adjustment - Petroleum Product Price, Post, Camp, and Station (PC&S) (DLA Energy JUNE

2017).” NO ALTERNATIVE PRICE ESCALATORS, OTHER THAN THOSE STATED IN

ATTACHMENT (B), WILL BE ACCEPTED. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. The base reference date for all line items in this solicitation is August 12, 2020. After award, the contract price for all line items will escalate/de-escalate daily in accordance with the economic price adjustment clause based upon the prescribed escalation publication referenced in the solicitation. Price changes are not based on product cost or vendor profit margin. After award DLA Energy will provide updated contract prices on the DLA Energy homepage at https://www.dla.mil/energy.

I. ORDERING PERIOD: The ordering period for contract(s) awarded under this solicitation will be April 1, 2021 through March 31, 2026. Quantities stated represent the government’s best estimates covering the entire ordering period.

J. CONTRACT TYPE: Contract(s) awarded as a result of this solicitation will be Fixed Price

Requirements contracts with Economic Price Adjustment. Please refer to FAR 52.216-1, “Type of Contract (APR 1984),” and FAR 52.216-21, “Requirements (OCT 1995).”

mailto:Mark.A.Davis@dla.mil mailto:DLAENERGYFEPCA@dla.mil http://www.dibbs.bsm.dla.mil/ http://www.dibbs.bsm.dla.mil/ https://www.sam.gov/SAM/ https://www.dla.mil/energy

II. OFFER SUBMISSION AND EVALUATION INFORMATION

A. CLOSING DATE:

This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Stations (PC&S) Purchase Program 3.22, COG-2 requirements. The first closing date is January 11,2021, 3:00p.m. Eastern Standard Time, and is for the 719 Contract Line Items (CLINs) contained in this first closing. Solicitation No. SPE605-21-R-0206 has an ordering period from April 1, 2021 through March 31, 2026. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1).

The Government anticipates receiving new requirements throughout the performance period.

Therefore, solicitation SPE605-21-R-0206 will remain open until March 31, 2024, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

B. LATE OFFERS: Offers must be received by January 11,2021, 3:00p.m. Eastern Standard Time, Ft. Belvoir, VA LOCAL TIME. Any offer received after 3:00 PM will be considered “Late” and may be determined to be unacceptable. (See FAR 52.212-1).

C. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to FAR 52.212-1, “Instructions to

Offerors—Commercial Items (MAR 2020),” Offerors agree to honor prices indicated in their offer for 180 calendar days from the date specified for receipt of offers.

D. ACKNOWLEDGEMENT OF AMENDMENTS: OFFERORS MUST ACKNOWLEDGE

RECEIPT OF ANY AMENDMENTS TO THIS SOLICITATION. You may do this by completing Block 8, 15A, signing 15B, 15C, and returning one (1) copy of each amendment issued to send to

DLAENERGYFEPCA@DLA.MIL.

E. OFFER ENTRY TOOL: All offer prices shall be submitted through the PC&S Offer Entry

Tool (OET). All other information required by the solicitation shall be submitted by email to Mark.A.Davis@dla.mil and DLAENERGYFEPCA@dla.mil.

Information regarding OET is as follows:

i. PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil.

ii. Please use Attachment (C), “AMPS Snapshot: User Registration-External Users,” to obtain an AMPS account if you do not already have one.

iii. Once the AMPS registration process is complete, access AMPS with your username and password to request access to the PC&S Ground Vendor Role OET-100. You will be notified by email once your OET access is granted.

mailto:DLAENERGYFEPCA@DLA.MIL mailto:Mark.A.Davis@dla.mil mailto:Mark.A.Davis@dla.mil mailto:DLAENERGYFEPCA@dla.mil https://amps.dla.mil/

iv. You will be able to request access to OET through AMPS. Please refer to Attachment (D) titled, “Requesting the OET Vendor Role in AMPS,” for instructions on requesting an OET vendor role.

v. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the instructions in Attachment (E) titled, “PC&S OET Vendor Guide.”

vi. If you want your offer to be evaluated, vendors must submit under each/all rounds (initial and final).

vii. If you experience trouble registering or if 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.

In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer pricing in OET, the offeror must immediately notify both Government’s Points of Contact via email to Mark.A.Davis@dla.mil and DLAENERGYFEPCA@dla.mil to request allowance for an offeror’s manual offer submission. Nevertheless, the offerors are still responsible for entering offer data in OET upon its return to the fully functioning state.

viii. For further instructions on OET and AMPS, please see the following attachments:

a. Attachment C: AMPS Snapshot: User Registration-External Users

b. Attachment D: Requesting OET

c. Attachment E: PCS OET Guide

F. TAX AND FEE INFORMATION: Offerors are responsible for ensuring ALL applicable taxes and fees are included in their offer price.

INCLUDE: Any Federal Excise Taxes (FET) shall be included in your offer prices.

INCLUDE: Any State and Local environmental, oil spill taxes, and inspection fees shall be included in your offer prices, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities. Offerors are advised that offer prices shall include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S.

Government or Department of Defense exemption applies. Offer price should be a unit price per gallon.

NOTE: Offerors shall only include taxes in the unit prices entered into OET that can be expressed in dollars or cents on a per gallon basis (e.g. FET at $0.184 per gallon for gasoline).

mailto:DLAEnterpriseHelpDesk@dla.mil mailto:Mark.A.Davis@dla.mil

G. AWARD WITHOUT DISCUSSIONS: Offerors are directed to FAR 52.212-1, “Instructions to Offerors – Commercial Items (MAR 2020).” While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. Offerors are advised to submit their best prices with their initial offer.

H. COMPETITIVE RANGE: If discussions are conducted, the government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the Contracting Officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. A written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503. If discussions are held, they will be held with the authorized negotiators identified in Contract Text K33.01.

I. EACH LINE ITEM IS SEPARATELY PRICED AND EVALUATED: Each line item in this solicitation is a separate requirement. Each line item will be evaluated and awarded independently from all other line items.

J. EVALUATION: Proposals will be evaluated in accordance with FAR 52.212-2, Evaluation –

Commercial Items (OCT 2014) and FAR 15.101-2 Lowest Price Technically Acceptable Source Selection Process. Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration. Offerors shall ensure that the information contained in their proposals is factual, accurate, and complete. (PLEASE REFER TO

SECTION L – FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR

2020) and SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)).

K. SYSTEM FOR AWARD MANAGEMENT (SAM): Registration in SAM is required prior to contract award. SAM is an official U.S. Government system and remains the authoritative source for entity information. All offerors are required to be registered in this system. Contractors register one time and annually confirm that their SAM registration is complete and accurate. There is NO fee to register in this site. Note: The offeror must represent whether it is a small business for purposes of this solicitation under NAICS Code 324110. Non-manufacturers should reference13 C.F.R. 121.406.

Offerors may obtain information on registration and annual confirmation requirements at the Federal Service Desk at:

https://www.fsd.gov/fsd-gov/home.do Hours of Operation Monday - Friday 8 a.m. to 8 p.m. ET U.S. calls: 866-606-8220

L. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Insert your CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code.”

http://www.fsd.gov/fsd-gov/home.do

M. DUNS NUMBER: Insert your company’s Data Universal Numbering System (DUNS) number in Block 17a of the SF 1449.

N. CERTIFICATES OF ANALYSIS: For FUEL ETHANOL (E85), MARINE GAS OIL (MGO), and

BIODIESEL (BDI), offerors shall submit a certificate of analysis, certificate of quality, or specification sheet demonstrating that the offeror can provide fuel meeting the applicable specification.

O. BIODIESEL CERTIFICATIONS: In accordance with Contract Text C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors offering on BDI line items are required to submit their suppliers’ BQ-9000 certification and EPA registration letter.

P. PRODUCT STATEMENT: The offeror’s proposal shall contain a statement, for each product offered, substantially similar to the following:

[Name of Offeror] proposes to deliver [product] conforming to [specification].

Q. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF

AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A

CONTRACT WITH GOVERNMENT AGENCIES OR IN RECEIPT OF PROPOSED

DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF

THE GOVERNMENT.

R. POINTS OF CONTACT:

Points of contact for information regarding this solicitation are:

MARK DAVIS DAISY WILLIAMS

(571) 767-0341 (571) 767-1778

MARK.A.DAVIS@DLA.MIL DLAENERGYFEPCA@DLA.MIL

S. SUMMARY OF OFFER REQUIREMENTS:

In addition to meeting the offer submission requirements of FAR 52.212-1, offerors shall do the following:

1. Offerors shall be registered in the following systems:

a. System for Award Management www.sam.gov

b. Wide Area Work Flow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

c. DLA Internet Bid Board System (DIBBS) at https://www.dibbs.bsm.dla.mil

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION

DUE DATE AND TIME.

2. Offer prices must be submitted through the PC&S OET web tool. If you want your offer to be evaluated, vendors must submit under each/all rounds (initial and final).

mailto:MARK.A.DAVIS@DLA.MIL mailto:DLAENERGYFEPCA@DLA.MIL http://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

3. The remainder of the offer, to include the OSP and all of the documents listed below must be emailed to Mark.A.Davis@dla.mil and DLAENERGYFEPCA@dla.mil by the offer submission due date and time.

4. To be technically acceptable for marine gas oil (MGO), biodiesel (BDI), and E85, an offeror must submit a certificate of analysis, certificate of quality, or specification sheet demonstrating that the offeror can provide fuel meeting the applicable specification.

5. In accordance with Contract Text C16.27 FUEL BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors are required to submit its suppliers’ BQ-9000 certification and EPA registration letter.

6. The offeror’s proposal shall contain a statement, for each product offered, substantially similar to the following:

[Name of Offeror] proposes to deliver [product] conforming to [specification].

7. Offerors shall submit a signed Standard Form (SF) 1449, “Solicitation/Contract/Order for Commercial Items” for Solicitation SPE605-21-R-0206.

8. Offerors shall submit completed copies of all fillable clauses provided in the OSP, provided as Attachment (F).

9. Offerors shall submit past performance information as requested in FAR 52.212-2.

10. Any company submitting an offer for the line items set aside for SDVOSBs must be listed on the VA’s Center for Verification and Evaluation (CVE) website, at https://vip.vetbiz.va.gov/, as a certified SDVOSB at the time of proposal submission.

11. Offerors shall review all offer prices submitted via PC&S OET. Offers must show as price per gallon (e.g., $0.000000), not price differentials.

12. Electronic Proposals shall be submitted in accordance with Solicitation Contract Text L2.11-4 E-MAIL PROPOSALS (DLA Energy OCT 2010). Submit proposals via email to:

Mark.A.Davis@dla.mil and DLAENERGYFEPCA@dla.mil.

13. By submitting an offer, the offeror accepts the terms and conditions of the entire solicitation and accepts that these terms and conditions are applicable to the offer. Any exceptions to the terms and conditions must be clearly stated within the offer via letter (on Company letterhead)

14. All offers must comply with the instructions in FAR 52.212-1, to include paragraph (b), which requires that offerors provide the following information:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

mailto:Mark.A.Davis@dla.mil mailto:DLAENERGYFEPCA@dla.mil mailto:Mark.A.Davis@dla.mil

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 16

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND

STATION (PC&S) (DLA ENERGY JUNE 2017)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

The following clauses are contained in full text in ATTACHMENT (G), “SECTION C (FUEL SPECIFICATIONS)”:

C16.27 BDI (OCT 2014)

C16.38-1 FS1 (AUG 2014)

C16.38-2 FS2 (AUG 2014)

C16.38-3 FS4 (AUG 2014)

C16.38-4 FS6 (AUG 2014)

C16.69-2 MUM (PCS) (JUN 2017)

C16.69-3 MUP (JUN 2017)

C16.69-4 KS1 (PCS) (DEC 2016)

C16.69-5 KSR (PCS) (DEC 2016)

C16.69-6 KSN (PCS) (DEC 2016)

C16.69-7 MRR (PCS) (DEC 2016)

C16.69-8 MMR (PCS) (DEC 2016)

C16.69-10 DS1 (PCS) (DEC 2016)

C16.69-11 DS2 (PCS) (DEC 2016)

C16.69-12 DSS (PCS) (DEC 2016)

C16.69-13 DSW (PCS) (DEC 2016)

C16.69-17 FL2 (PCS) (DEC 2016)

C16.08-1 (JAA) (APR 2020)

C16.14 E85 (PC&S) (JUL 2011)

C16.23 F76 (DLA ENERGY APR 2020)

C16.23-2 MGO (FEB 2020)

C16.69-1 MUR (PCS) (JUN 2017)

C16.15 130 (GRADES 80100LL) (OCT 2014)

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses are contained in full text in ATTACHMENT (H), “SECTION E CONTRACT TEXTS”:

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

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

E4 INSPECTION AND ACCEPTANCE (DLA ENERGY DEC 2011)

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009)

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY AUG 2020)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

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)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITIY (APR 1984) 19

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

TANK WAGONS (DLA ENERGY JAN 2012) 19

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 20

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 23

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

RATES (PC&S) (DLA ENERGY AUG 2005) 23

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

ENERGY APR 2005) 24

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

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY MAY 2009) 24

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION

FUELS (DLA ENERGY OCT 1992) 24

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (MAY 2020) IBR*

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

MANAGEMENT (OCT 2018) IBR

DFARS 252.225-

7012 PREFERENCE FOR CERTAIN DOMESTIC COMMONDITIES (DEC 2017) 25

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018) 28

DFARS 252.232-

7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 29

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 31

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 31

G150.06 SUBMISSION OF INVOICES FOR PAYMENT (DOMESTIC PC&S) (DLA ENERGY JAN

2012) 32

*IBR= Incorporated by Reference IAW FAR 52.212-5

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) 35

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN

2020) IBR

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) IBR

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020) IBR

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

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020) 37

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) 38

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 40

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTIN

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020)

IBR

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) 42

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (OCT 2020) 47

FAR 52.216-18 ORDERING (AUG 2020) 53

FAR 52.216-21 REQUIREMENTS - (OCT 1995) 53

FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (MAR 2020) (DEVIATION 2020-O0008) 54

FAR 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (MAR 2020)

(DEVIATION 2020-O0008) 56

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (DEVIATION 2020-O0008) 57

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

ASIDE (MAR 2020) (DEVIATION 2020-O0008) 58

FAR 52.222-3 CONVICT LABOR (JUN 2003) IBR

FAR 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN

2020) IBR

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) IBR

FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) IBR

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) IBR

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) IBR

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) IBR

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010) IBR

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) IBR

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) IBR

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION (MAY 2011) 60

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020) IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) IBR

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 60

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) 61

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) IBR

FAR 52.242-13 BANKRUPTCY (JUL 1995) 62

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 62

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) 62

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019) 63

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019) 66

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991) 67

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) 68

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

(DEC 2019) 73

DFARS 252.222-7999 COMBATING RACE SEX STEREOTYPING (DEVIATION 2021-O0001) (Jan

2021) IBR

DFARS 252.225-7021 TRADE AGREEMENTS – BASIC (JUL 2020) 73

DFARS 252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTRPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS COMCERN

(APRIL 2019)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 79

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

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (SEP 2020) IBR

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA – BASIC (FEB 2019) 80

DLAD 52.233-9001 DISPUTES - AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION

(DEC 2016) 83

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 83

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

ITEMS (DLA ENERGY FEB 1996) 84

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

2011) 84

I28.02-2 FEDERAL, STATE, AND LOCAL TAXES AND FEES (DLA ENERGY DEC 2019) 85

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 86

I86.03 DELIVERY ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 86

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 87

SECTION J: LIST OF ATTACHMENTS

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

ATTACHMENT DESCRIPTION

A Line Item Sourcing B Schedule C AMPS Snapshot: User Registration-External Users D Requesting the OET Vendor Role in AMPS E PCS OET Vendor Guide F Offeror Submission Package (OSP) G Section C (Fuel Specifications) H Section E Contract Texts

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

PROVISION NO. PROVISION TITLE PAGE

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 87

FAR 52.204-24

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 88

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019) 90

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 91

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(OCT 2020) 92

DFARS 252.203-7005 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) 106

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION – BASIC (DEC 2019) 107

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

REGIME (DEVIATION 2020-O0005) 108

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 108

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 108

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 109

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISION NO. PROVISION TITLE PAGE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 109

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020) 110

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 113

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 114

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 114

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (JUL 2019) 115

DFARS 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016) 115

DLAD L06 AGENCY PROTESTS (DEC 2016) 116

DLAD L11 SMALL BUSINESS PROGRAM REPRESENTATIONS (AUG 2017) 116

L1.02 PROPOSAL ACCEPTANCE PERIOD ((DLA ENERGY NOV 1991) 116

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 116

L54 SITE VISIT (DLA ENERGY OCT 1992) 117

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE

DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012) 117

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 120

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 120

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 121

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.01 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) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws.

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

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

See Attachment B – SCHEDULE

B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND STATION

(PC&S) (DLA ENERGY 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 August 12, 2020. 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:

SEE ATTACHMENT (B) “SCHEDULE” for price escalators for each line item.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT (G) FOR ALL SECTION C CONTRACT TEXTS

SECTION E: INSPECTION AND ACCEPTANCE

SEE ATTACHMENT (H) FOR ALL SECTION E CONTRACT TEXTS

SECTION F: DELIVERIES OR PERFORMANCE

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

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER ISSUED UNDER THE CONTRACT.

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

WAGONS (DLA ENERGY JAN 2012)

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) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) 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) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(4) 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.

(5) 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.

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

(7) 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.

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s…