OSP.pdf

SP0605-21-R-0208

B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is--

[ ] (i) The low price published in _________________________________________________________.

(name of publication)

[X] (ii) The average of the prices published in ____PLATTS_OILGRAM_____________________________.

[ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used.

NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

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

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

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in http://www.platts.com/ the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed __375____ percent of the award price, except as provided hereafter:

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

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

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

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

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

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

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

(h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

(i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.

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

(k) TABLE.

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

I II III IV V VI VII

Name of Reference Maximum company/ If company - Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 1 JAN 2021 (includes any Item No. by number which reference Location where to the (exclude tax included (listed from (c)(2) price is published reference price reference all in the award items) above) and name of product is applicable price taxes) p rice .

0001 PLATTS FOB ARAB CARGO $1.214080 See Paragraph (f) above

GULF MONTHLY

(GASOLINE)

0002 PLATTS FOB ARAB CARGO $1.265000 See Paragraph (f) above

GULF MONTHLY

(GASOIL)

0003 PLATTS FOB ARAB CARGO $1.214080 See Paragraph (f) above

GULF MONTHLY

(GASOLINE)

0004 PLATTS FOB ARAB CARGO $1.265000 See Paragraph (f) above

GULF MONTHLY

(GASOIL)

0005 PLATTS FOB ARAB CARGO $1.214080 See Paragraph (f) above

GULF MONTHLY

(GASOLINE)

0006 PLATTS FOB ARAB CARGO $1.265000 See Paragraph (f) above

GULF MONTHLY

(GASOIL)

0007 PLATTS FOB ARAB CARGO $1.214080 See Paragraph (f) above

GULF MONTHLY

(GASOLINE)

0008 PLATTS FOB ARAB CARGO $1.265000 See Paragraph (f) above

GULF MONTHLY

(GASOIL)

0009 PLATTS FOB ARAB CARGO $1.231277 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0010 PLATTS FOB ARAB CARGO $1.265000 See Paragraph (f) above

GULF MONTHLY

(GASOIL)

0011 PLATTS FOB ARAB CARGO $1.231277 See Paragraph (f) above

GULF MONTHLY

(JET KERO)

0012 PLATTS FOB ARAB CARGO $1.214080 See Paragraph (f) above

GULF MONTHLY

(GASOLINE)

NOTE: PLATTS’ product prices will escalate monthly based on the average of high and low assessments contained in the Platt’s publication of each month in which deliveries are made. Therefore, the effective price for the period of the 1st through the 30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month. Saturdays and Sundays shall be considered as Platt’s non-publication days. If assessments are not posted by Platts during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation.

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-0001 C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) (EUROPE)(MIDDLE EAST) (DLA ENERGY MAR 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9140-01-556-9156 Diesel Fuel SFD

Supplies delivered under this contract shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment.

Product shall conform to the latest revision of commercial specification EN 590. Product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is show above. Maximum sulfur content shall be 10 ppm (0.0010 wt%).

FOR KOSOVO ONLY:

2. ADDITIONAL REQUIREMENTS

(a) TESTING REQUIRMENTS: The following additional tests shall be performed and results reported: Color: ISO 2049 / ASTM D1500 Acid Number: ISO 6618 / ASTM D974

(b) In addition to the EN 590 specification requirement for water content of 200 mg/kg maximum, and particulate content of 24 mg/kg maximum, the diesel fuel shall have a maximum haze rating of 2 when tested in accordance with ASTM D4176, Procedure 2. In case of dispute, the haze rating shall be determined at 25 degrees Celsius (77°F) with a maximum haze rating of 2 and shall contain no more than 24 mg/kg sediment and no more than 200 mg/kg water.

(2) Summer (Temperate) Grade Diesel Grade A (CFPP 5°C maximum) is required from May 1st to September 30th.

(3) Winter (Arctic) Grade Diesel Arctic Class 1 (CFPP -26°C maximum) is required from October 1st to April 30th, see Energy

QAP 6.69-20.

C-0002 C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY

MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY NOV 2015)

(a) Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133H with AMENDMENT 2, dated December 24, 2013 modified as follows:

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-031-5816 Turbine Fuel, Aviation JP8

(b) SPECIFICATION MODIFICATIONS

(1) TESTING

(i) PARTICULATE CONTAMINATION (PC) AND FILTRATION TIME (FT) TESTING. A minimum sample size of 3.79 liters (1 gallon) shall be filtered. Total solids shall be determined per ASTM D5452 and the use of a control filter shall be required. For filtration time, only one filter shall be used. For filtration time testing round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes.

(ii) MICROSEPAROMETER (MSEP) RATING LIMITS.

(A) Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces fuel system icing inhibitor (FSII), corrosion inhibitor/lubricity improver (CI/LI), and/or static dissipater additive (SDA) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests.

(B) If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and antioxidant (AO; AO only if required). The FSII shall be included in this hand blend at a concentration of 0.07 to 0.10 volume percent and the amount of the CI/LI included shall be within the concentration range specified in QPL-25017. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded corresponding to item 750X on the Standardized Report Form (see Attachment _____). This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “*MSEP result is a ‘Report Only’ requirement. Original result of _____________ (fill in actual result) on product containing the following additives:

______________ (fill in combination of additives).”

(iii) WORKMANSHIP. The workmanship criteria in MIL-DTL-83133H with AMENDMENT 2, paragraph 3.4, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels, ASTM D4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM D4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL- DTL-83133H with AMENDMENT 2, Table I, the workmanship criteria is met. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (70 degrees Fahrenheit) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21 degrees Celsius (70 degrees Fahrenheit).

(iv) EXISTENT GUM. The preferred vaporizing medium for aviation turbine fuel is steam, however, the existent gum test may be performed using air as the vaporizing medium at the following operating temperatures: Bath: 232 to 246 degrees Celsius; Test well: 229 to 235 degrees Celsius. If air is used instead of steam while performing ASTM D381 and the test fails then the sample shall be retested using steam.

(2) SPECIAL LOCATION REQUIREMENTS

(i) Rocky Mountain/West. Aviation fuel movement via the Chevron Pipeline (Utah, Idaho, or Washington state entry points) shall be limited to total sulfur content of 0.15 mass percent, maximum.

(ii) Alaska. For fuels refined in Alaska and delivered to Alaska locations, the total Acid number shall be relaxed to 0.020 mg

KOH/g maximum.

(c) ADDITIVES. Additives are required for deliveries of JP8 per MIL-DTL-83133H with AMENDMENT 2, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement.

(1) The CI/LI additive(s) used shall be of the type and concentration cited in QPL-25017. To locate this information: (1) Go to the

Acquisition Streamlining and Standardization Information System (ASSIST) QuickSearch website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL-25017 search result under Document ID, (4) click the "Qualification" link under Overview , and (5) click the “MIL-PRF-25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table.

(2) Metal deactivator additive shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer.

(3) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133H with AMENDMENT 2, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

(4) Line injection of additives (FSII, CI/LI and SDA) from shipping tank to delivery conveyance is permitted under the following conditions:

(i) A laboratory hand blend containing the required additives and aviation turbine fuel must be tested to verify compliance with the specification.

(ii) Additives must be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process.

(iii) When FSII is line injected, additive concentration must be verified based on a representative sample from each shipping conveyance.

(iv) When SDA is line injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor is not required to report or verify the conductivity level on a representative sample from the conveyance. This does not relieve the Contractor of the requirement to inject SDA homogeneously and in sufficient quantity to obtain a conductivity level which the Contractor would anticipate to be within the specification limits once the fuel is at equilibrium. The receiving activity will measure the conductivity and advise the Contractor if it does not meet the specification requirements and the Contractor shall adjust the SDA injection quantity accordingly.

(5) SPECIAL LOCATION REQUIREMENTS (AEM ONLY)

(i) For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration as identified in QPL-25017. See paragraph (c)(1) above.

(ii) When antioxidants (AO) are added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported.

(iii) The requirement for static dissipater additive (SDA) (see MIL-DTL-83133H with AMENDMENT 2, paragraph

3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule.

C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE)(MIDDLE EAST)(DLA ENERGY APR 2017)

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE PRODUCT CODE

9130-01-272-0983 Gasoline, Midgrade Unleaded MUM

Supplies delivered under this contract shall conform to all National and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the event that a National and/or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited.

NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the In-country, State, or Federal RVP requirements of areas being supplied and comply with those requirements.

GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE. Gasoline shall conform to each countries specification.

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

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

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

(e)

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

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

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

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

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

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

(2) terminate the contract for default.

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

(i)

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

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

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

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

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

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

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

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

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

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

DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material

Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

(a) This contract provision applies to:

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

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

(b) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan

(QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The Contractor shall require subcontractors to provide and maintain inspection systems adhere to all the requirements in this contract provision.

(3) The QCP shall include the identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system, indicating all inspection points, and a description of the following operations related to the supplies or services to be furnished under the contract:

(i) RECEIVING, BLENDING AND COMPOUNDING. Procedures used to ensure the quality of additives blended into product supplied under this contract. Procedures to identify and ensure the quality of component base stocks used to produce finished product. Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for in-line blending of non-aviation products in accordance with the IN-LINE BLENDING OF NON-AVIATION PETROLEUM PRODUCTS contract provision are used, the QCP will provide for establishing blend ratios, and identify the responsible personnel within the Contractor's organization authorized to establish the blend ratios. When line injection of additives is required by the contract, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the product, as well as procedures for maintaining records evidencing the homogeneous blending of all line injected additives. In addition to the testing in (iii) below, a laboratory hand blend of jet fuel with all additives required by the contract shall be tested, prior to shipment, to verify compliance with the specification;

(ii) SAMPLING. Procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers in accordance with API Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, (ASTM D 4057) Manual Sampling of Petroleum and Petroleum Products, and/or Section 2, (ASTM D 4177) Automatic Sampling of Liquid Petroleum and Petroleum Products.

Procedures include sample location, frequency, quantity, and retention. For all tanker, barge, and pipeline shipments, a flow-proportional sample taken in accordance with MPMS Chapter 8, Section 2, is preferred at the custody transfer point. However, manual samples taken in accordance with MPMS Chapter 8, Section 1 are acceptable provided that they are taken hourly throughout the shipment and that the quantity of the composite sample meets the requirements in Table II of this contract provision. See Table I, Minimum Sampling and Testing Requirements, and Table II, Sample Retention;

(iii) TESTING. Types of test series and individual test methods/procedures to be performed on samples taken from each location identified in (ii) above. See Table I, Minimum Sampling and Testing Requirements, and Table III, Definitions of Test Series;

(iv) CALIBRATION. Program for testing and measuring equipment in accordance with ISO 10012, Measurement Management Systems – Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation, as appropriate;

and, a program for meters used to determine quantity complying with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, shall be used if acceptable to the Government;

(v) STORAGE AND HANDLING. Procedures for quality/quantity determination. Includes a description of storage and handling equipment, such as tanks, lines, valves, and manifolds; identification of dedicated/common product systems, including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, and drying; and identification of any other process/system used in maintaining product integrity during storage and handling;

(vi) LOADING AND SHIPPING – GENERAL. Procedures for product movement and related quality/quantity checks from shipping tank(s) to custody transfer point (CTP). Description of transfer system from shipping tank to CTP. A dedicated system, including lines, pumps, loading arms, and hoses, is preferred, but an isolated common system incorporating blind flanges, spectacle plates, or double valves between systems is acceptable. An isolated common system using single valves designed to ensure positive isolation, such as twin seal single valves, are also acceptable. Systems with single valve (other than twin seal) isolation require specific procedures be included in the QCP to ensure product integrity prior to the CTP. When single valves (other than twin seal) are present in the system, the Contractor shall provide their quality control procedures, from the first single valve to the CTP, at time of bid to the Contracting Officer for a determination of acceptability. Procedures for conditioning and testing of isolated systems that last carried a product other than that intended for movement under this contract. For in-line blending of non-aviation products, where approved in this contract, requirements must comply with the IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS contract provision;

(vii) LOADING AND SHIPPING – TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. For direct deliveries using Contractor-supplied tank cars and tank trucks in dedicated same grade aviation fuel service, refer to the section of API 1595 entitled “Loading of Road/Rail Cars” for loading and shipping procedures. All other tank car, tank truck, and intermodal container loadings shall be in accordance with the following procedures: Confirm all compartments have been prepared in accordance with Table IV, Conversion Chart for Tank Cars, Tank Trucks, and Intermodal Containers, below. Whenever possible, ensure the same preparation procedures used for compartments are applied to hoses, manifolds, etc. Ensure that conveyances carrying lubricating oil are dry and free from loose rust, scale, and dirt. Provide for investigation of discrepancies in either recorded quality or quantity. When required by the contract, seal conveyance and record seal numbers on the shipping document. Strainers and filters shall be located as near the loading or filling point as practicable and shall be used as outlined below for all deliveries except deliveries into tanker, barge, or pipeline.

(A) All aviation fuel shall be passed through strainers of 60 mesh or finer screen;

(B) All lubricating oil products, including preservatives, having a kinematic viscosity of 20.0 centistokes or less at

100 degrees Fahrenheit shall be passed through a 100 mesh or finer screen;

(C) All lubricating oil products, including preservatives, having a kinematic viscosity greater than 20.0 centistokes at 100 degrees Fahrenheit, but less than 22.0 centistokes at 210 degrees Fahrenheit, shall be passed through a 60 mesh or finer screen; and

(D) The Contractor shall furnish and periodically inspect strainers and filters pursuant to this paragraph to determine condition and perform maintenance as necessary, keeping a written record thereof.

(viii) LOADING AND SHIPPING – TANKERS AND BARGES.

(A) For f.o.b. destination Contractor-supplied tankers/barges. Procedures for the preparation of vessel cargo systems, in accordance with Energy Institute (EI) HM 50, Guidelines for the Cleaning of Tanks and Lines for Marine Tank Vessels Carrying Petroleum and Refined Products, that ensure the vessel is suitable to load the intended product(s).Particular attention should be given to vessels that previously carried a Fatty Acid Methyl Ester (FAME) cargo. As a minimum, f.o.b. destination Contractors must ensure that all cargo systems on the vessel intended for loading product under this contract, to include tanks, lines, manifolds, and pumps, are washed, gas freed, and inspected. In the event a solvent de-greaser is utilized in the tank preparation process, a minimum of two rinses must be performed by the vessel prior to loading Aviation Turbine Fuel. Vessels that will be carrying JP8 will be allowed to load without cleaning based upon the following criteria: the last cargo prior to loading JP-8 is Jet A/A1, and the second and third to last cargoes were clean middle distillate or lighter petroleum products (no black oils, lubricating oils, vegetable oils, palm oils, biodiesel with FAME content greater than or equal to 15 % or other similar products). The vessel will drop all lines and strip dry all cargo tanks of the previously carried Jet A/Jet A1 prior to loading JP-

8. These procedures, and others deemed necessary by the Contractor, shall be included to ensure that the product meets the specification requirements at the CTP.

(B) For f.o.b. origin Government-supplied tankers/barges. Procedures for maintaining a time log of all significant events/delays including vessel notice of readiness, vessel arrival, mooring, vessel deballasting, inerting and conditioning of cargo tanks, inspections, hose connections and disconnections, starts, stops, vessel release, or any other event that affects laytime of the vessel.

Procedures for assuring condition of loading line (full of tested product, all air bled, and pressure packed) and gauging shore tanks, both before and after loading. In the event an automated metering system is to be used as the means of shore quantity determination, manual gauges of all storage tanks designated for shipment shall be taken prior to commencement of loading. Procedures for preload discussion between Contractor, vessel, and QAR to include, but not be limited to, prior two cargoes, cleaning procedures, loading plan, loading rates, sampling requirements, and after loading sampling and gauging. [Prior to loading - gauge, sample, and test intransit cargoes designated for load on top.

Gauge and sample (1 gallon) any other product on board, except for JPTS, and retain those samples.] All cargo quantities shall be calculated and volume corrected both before and after loading. Procedures for commencement of loading into one tank (up to 3 feet), then switching to at most two other vessel tanks while first-in sampling and testing is being accomplished (Table I). Procedures for the transportation of samples from the vessel to the testing facility. Monitoring the loading (including line blending and additive injection) from source to vessel, investigating irregularities immediately and stopping loading, if necessary. Procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity (mandated if shore to ship variance is in excess of the following: 0.2% (0.002) for cargos not requiring cleaning, gas freeing, or drop/strip; 0.3% (0.003) for cargos requiring drop/strip; or 0.5% (0.005) for cargos requiring cleaning and gas freeing, or figures are suspect) on loaded conveyance.

(C) For both f.o.b. origin and destination tankers/barges. Procedures for immediately notifying the QAR when irregularities occur or are suspected, and on all occasions when loading is interrupted. Authority to release a Government-furnished vessel rests with the Government QAR after compliance and completion by the Contractor of all required operations, including the preparation of the DD Form 250-1.

(ix) RECORDS AND REPORTS. Procedures for completing and distributing required documentation both prior to and after the release of the vessel. Documentation shall include, as a minimum, test reports for all products and additives, additive blending and/or injection records, vessel notice of readiness, customs documents, bills of lading, vessel ullage reports, and the DD Form 250/DD Form 250-1 and continuation sheet(s) (or the Paperless Ordering and Receipt Transaction System [PORTS] or equivalent). Other documentation may be required on an as needed basis, such as vessel port logs, calibration records, and results of quality or quantity discrepancy investigations. These records and reports will include by whom, where, and how they were prepared, as well as retention information. The DD Form 250-1 and DD Form 250-1 continuation sheet(s) will be signed by the Contractor and the vessel representative in the appropriate blocks before presenting them to the QAR for signature. The DD Form 250 and DD Form 250-1 shall identify the type, brand name, and amount of all additive(s).

(x) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity, such as handling of off-specification product (waivers, conveyance rejections, etc.). The corrective action procedures shall include notification of the QAR.

(4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan.

(5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

(c) The Contractor shall perform all inspections and acceptance tests required by the specifications of the supplies to be furnished under this contract or, shall have such tests performed, in a laboratory acceptable to the Government. For f.o.b. destination Contractor-supplied tankers/barges, the Contractor shall provide the QAR, prior to the first shipment, with the name and location of the laboratory to be used for testing at each discharge point. The Contractor shall also notify the QAR of any subsequent laboratory changes prior to the affected shipments. If any laboratory is determined to be unacceptable to the Government, the Contractor must designate another laboratory that is acceptable, before acceptance testing can take place. Acceptance tests will normally be performed at the acceptance point.

However, when such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government prior to acceptance at destination. Regardless of the method of delivery, products furnished under this contract must meet all specification requirements at the CTP.

(d) Prior to loading, the Contractor shall inspect all shipping conveyances for suitability to load the supplies furnished under this contract, except for Government-furnished tankers and barges Authorization for the Contractor to participate in the inspection of Government-supplied tankers and barges rests with QAR. The QAR has the right to inspect any Government-supplied conveyance prior to loading and, in the event the Contractor and the QAR disagree on the suitability to load such a conveyance, the determination of the QAR shall govern. If the SHIPMENT AND ROUTING contract provision is included in the contract, Government-furnished transportation equipment that is unsatisfactory for loading shall be reported by the Contractor in accordance with the provisions contained in that contract provision.

Procedures to determine suitability to load tank trucks and tank cars shall include, but not be limited to, visual inspection of interior compartments to assure cleanliness and dryness. Manifolds and hoses must be drained and be clean and dry for the intended product. If the Contractor intends to witness operations at any point up to, and including, government acceptance, the Contractor is responsible for contacting the facilities to be visited and obtaining the required access.

(e) When requested by the U.S. Government, the Contractor shall furnish no more than five (ten in the case of jet fuel) 1-gallon samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, at their expense.

(f) The Contractor shall keep all quality and quantity records related to the performance of this contract complete and available to the Government during the performance of this contract and for three years after final payment under this contract. These records shall include, but not be limited to, DD Form 250-series documents, documentation of internal inspections of all conveyances, laboratory certificates for all required testing (including those for the shipping tanks for f.o.b. destination tankers/barges), and documentation of quantity determinations.

(g) When a common system is to be used for shipment in accordance with paragraph (a)(3)(vi) above, the Contractor shall provide a list of all products carried by that system during the past year to the Contracting Officer, at the time of offer, for a determination of acceptability.

(h) The inspection system and related operations…