SPE60521R0223 Combined Synopsis Solicitation Caribbean.pdf

COMBINED SYNOPSIS/SOLICATION

RFP# SPE605-21-R-0223

COMBINED SYNOPSIS/SOLICITATION

I. GENERAL INFORMATION

A. DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B. REGULATIONS: This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 effective 10 June 2021, and Defense Logistics Agency Directive (DLAD). The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer. The text of the referenced clauses and provisions in this solicitation may be accessed electronically in full text at https://www.acquisition.gov/ and https://www.acquisition.gov/dlad.

C. SOLICITATION NUMBER: SPE605-21-R-0223 is a combined synopsis/solicitation for commercial items issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

D. UNRESTRICTED LINE ITEMS: This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees

E. CONTRACT TYPE: In accordance with FAR 52.216-1 Type of Contract (April 1984), the Government contemplates award of a “Fixed-Priced, Requirement contract with Economic Price Adjustment (FP wEPA)” contract resulting from this solicitation.

F. PERIOD OF PERFORMANCE: 1 October 2021 through 30 April 2025. Delivery shall be FOB destination.

G. QUESTION AND ANSWER PERIOD: Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email to Marichell Scott, Marichell. Scott@dla.mil and Arlene Warren, Arlene.Warren@dla.mil No Later Than 9:00 a.m. EDT 23 July 2021. All responses to questions, which may affect offers, will be consolidated and answered via an official Question and Answer (Q&A) amendment to the solicitation.

H. Defense Priorities and Allocations System (DPAS) and assigned rating: DO

II. OFFER SUBMISSION AND EVALUATION INFORMATION/INSTRUCTIONS

A. PROPOSAL SUBMISSION: TO BE VALID ALL OFFERORS SUBMITTING PROPOSAL

PACKAGES UNDER THE SUBJECT SOLICITATION MUST BE REGISTERED in the following systems at the time of offer submission:

1. System for Award Management (SAM) at https://www.beta.SAM.gov

2. Wide Area Workflow (WAWF) at https://www.wawf.eb.mil (which includes myInvoice)

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

4. Registration in these systems are required by the offer submission date and time.

https://www.acquisition.gov/ https://www.acquisition.gov/dlad mailto:Marichell.%20Scott@dla.mil mailto:Arlene.Warren@dla.mil https://www.dibbs.bsm.dla.mil/

B. SYSTEMS REGISTRATION INFORMATION

1. 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

Note: All offer prices, and all supporting documents shall be entered and submitted in OET only.

2. Please use the attached instruction titled, “AMPS Role Guide-Attachment-D” to obtain an AMPS account if you do not already have one.

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

4. 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 attached instructions titled, “System Roles Request and Instructions.”

(Attachment-E)

5. 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.

6. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at Marichell.Scott@dla.mil and arlene.warren@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

ALL REMAINING PROPOSAL DOCUMENTATION SHALL BE SUBMITTED VIA OFFER ENTRY TOOL (OET).

C. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Offerors shall refer to the escalators stated for each line item and to Contract Text B19.02, “ECONOMIC PRICE

ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012).” NO ALTERNATIVE PRICE

ESCALATORS, OTHER THAN THOSE STATED 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 July 1, 2021. 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.

D. CLOSING DATE: 16 August 2021 at 4:30 PM EDT. Offers submitted in response to this solicitation shall be in English and in U.S. dollars per U.S. Gallons and signed by an authorized company official.

Offers must be submitted by Offer Entry Tool (OET) Only. In addition to OET submission your offer and all required documents can be emailed to DLAEnergyFEPBA@dla.mil and please send copy to marichell.Scott@dla.mil and arlene.warren@dla.mil.

https://amps.dla.mil/ mailto:Marichell.Scott@dla.mil mailto:arlene.warren@dla.mil https://www.dla.mil/energy mailto:DLAEnergyFEPBA@dla.mil mailto:marichell.Scott@dla.mil mailto:arlene.warren@dla.mil

NOTE: This is an open continuous solicitation with successive closing dates. The first requirement closing date is 16 August 2021, no later than 4:30 P.M. EDT and is for the 6 Line Items contained in this first closing. Solicitation SPE605-21-R-0223 has a performance period of Date of Award to 30 April 2025.

E. PERIOD FOR ACCEPTANCE OF OFFERS: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (Ref: FAR 52.212-1(c)).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-21-R-0223 will remain open until 30 April 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.

F. TAX AND FEE INFORMATION: Offer price should include all cost arising from performance of the contract including applicable taxes and fees. Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. The winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

Offerors must submit pricing in U.S. Dollar per USG format (USD/USG).

G. LATE OFFERS: Please note offers must be received by 16 August 2021 at 4:30 P.M. EDT. Any offer received after the closing date/time will be deemed as “late” and will not be considered for evaluations.

H. ACKNOWLEDGEMENT OF AMENDMENTS: If issued, all contractors must acknowledge receipt of any amendments to this solicitation. A Contractor’s designated agent can do this by completing Block 8 of SF 30, signing, and returning one (1) copy of the amendment to DLAEnergyFEPBA@dla.Mil.

Contractor’s designated agent must ensure Blocks 15A, 15B, and 15C of the Standard Form 30 are completed.

I. OFFEROR SOLICITATION SUBMISSION PACKAGE NOTES / REQUIRED ATTACHMENTS:

1. This combined synopsis solicitation DOES NOT include the use of a SF 1449. Therefore, an authorized offeror shall submit on company letterhead acknowledgement and acceptance of the terms and conditions of the solicitation. The letter shall be dated and signed with signature.

2. Complete/return the solicitation and the representations and certifications in the Fillable Clauses

Provided (Attachment C). Offerors must complete and return 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).

(i) Offerors must acknowledge and return a completed Solicitation and,

(ii) Offerors must acknowledge, sign and return all Solicitation Amendments.

(iii) An SF1449 is not provided with this combined/synopsis solicitation all offer submitted must be submitted with/on a signed company letterhead.

3. Supplier Commitment letters must be provided. All Offerors are required to furnish copies of your supplier and transportation agreements with your offer. Offerors must possess valid/current operating certificate, permits, or equivalent license required to operate in the prescribed jurisdiction. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production and quality assurance capabilities. Therefore, this information is necessary to determine if secondary pre-award surveys will be required based on offeror’s supplier’s location.

4. Certificates of Analysis (COAs) from suppliers for fuels that are being offered. Offerors shall submit a copy of a certificate of analysis for all products offered from their supplier/refinery with their offer. The certificate of analysis should have test results of a recent batch of the required products.

5. No exceptions to the terms and conditions of this solicitation will be approved or granted. No alternate product will be accepted.

J. POINTS OF CONTACT: The points of contact for this solicitation are Marichell Scott, Marichell.Scott@dla.mil and Arlene Warren, Arlene.Warren@dla.mil

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

III. TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

CLAUSE NO. CLAUSE TITLE PAGE

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET

APPLICATION) (DLA ENERGY JAN 2012)

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

M3.02 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED

(DLA ENERGY MARCH 2021) 16

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT (B), “QUALITY

ASSURANCE PROVISIONS C-QAPS – E- QAPS”:

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY OCT 2017)

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (PC&S) (DLA

ENERGY JUN 2017)

C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY JUN

2017) 16

C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) 16

mailto:Marichell.Scott@dla.mil mailto:Arlene.Warren@dla.mil

SECTION E: INSPECTION AND ACCEPTANCE

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT (B), “QUALITY

ASSURANCE PROVISIONS C-QAPS – E- QAPS”:

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

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (SEP 2013) 18

E1.21 ENERGY QAP E1.21 (FEB 2014) 18

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

E18.01 SAMPLE SUBMISSION (AUG 2009) 18

E21.01 POINT OF INSPECTION (JUN 2015) 18

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY) (AUG 2020) 19

E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011) 19

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DEC 2011) 19

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

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

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

AND TANK WAGONS (DLA ENERGY JAN 2012) 20

F1.09-2 DETERMINATION OF INVOICE QUANITY (PC&S) (DLA ENERGY JAN 2012) 21

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 25

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

ENERGY AUG 2005) 26

F3.03 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND

DETENTION RATES (PC&S) (DLA ENERGY APR 2005) 26

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 27

F15 BARGE AND/OR T1 CLASS TANKER DEMURRAGE AND LOADING

CONDITIONS (DLA ENERGY JAN 2018). 27

F16 BARGE UNLOADING CONDITIONS (DLA ENERGY JAN 2012) 28

F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) 30

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992) 30

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018) 31

DFARS 252.232-

7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 32

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 34

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

2017) 34

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DLA ENERGY JUL 2007) 35

G9.07-5

ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY

JAN 2012) 38

SECTION I: CONTRACT CLAUSES

CLAUSE

FAR 52.203-3 GRATUITIES (APR 1984) 41

FAR 52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020) 46

FAR 52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020) 42

FAR 52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018) 46

FAR 52.204-21

BASIC SAFEGUARD OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) 48

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTERESTS WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

INCORPORATED BY

REFERENCE

FAR 52.212-4

CONTRACT TERMS & CONDITIONS COMMERCIAL ITEMS (OCT

2018) 51

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

ITEMS (JAN 2021) 56

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 62

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT (APR 1997)

INCORPORATED BY

REFERENCE

FAR 52.216-18 ORDERING (AUG 2020) 63

FAR 52.216-21 REQUIREMENTS (OCT 1995) 61

FAR 52.223-3

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (FEB 2021) 64

FAR 52.232-39

UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS (JUN 2013) 68

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 66

FAR 52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT

2004) 66

FAR 52.242-13 BANKRUPTCY (JUL 1995) 70

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

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 70

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 70

FAR 52. 229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 66

DFARS 252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011) 70

DFARS 252.203-7002

REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLE BLOWER

RIGHTS (SEP 2013) 71

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) 71

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT

INCORPORATED BY

REFERENCE

DFARS 252.204-7004

ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

(FEB 2019) 70

DFARS 252.204-7012

SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (DEC 2019) 71

DFARS 252.204-7015

NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016) 75

DFARS 252.204-7020

NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV

2020) 76

DFARS 252.205-7000

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991)

INCORPORATED BY

REFERENCE

DFARS 252.209-7002

DISCLOSURE OF OWNERSHIP OR CONTROL BY FOREIGN

GOVERNMENT (JUN 2010)

INCORPORATED BY

REFERENCE

DFARS 252.209-7004

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A

STATE SPONSOR OF TERRORISM (MAY 2019) 79

DFARS 252.225-7021 TRADE AGREEMENTS (SEP 2019) 80

DFARS 252.225-7040

CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES

DEPLOYED OUTSIDE THE UNITED STATES (OCT 2015) 84

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 93

DFARS 252.225-7050

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (DEVIATION 2021-O0006(JUN 2021) 119

DFARS 252.225-7993

PROHIBITION ON PROVIDING FUNDS TO THE ENEMY

(DEVIATION 2020-O0022)(AUG 2020)

INCORPORATED BY

REFERENCE

DFARS 252.229-7001 TAX RELIEF (APR 2020)

INCORPORATED BY

REFERENCE

DFARS 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) 93

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 94

DFARS 252.233-7001 CHOICES OF LAW (OVERSEAS) (JUN 1997) 94

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATION (DEC 1991) 95

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 95

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021) 96

DFARS 252.246-7004

SAFETY OF FACILITIES, INFRASTRUCTURE/EQUIPMENT FOR

MILITARY OPERATIONS (OCT 2010) 96

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 1996) 97

DLAD 52.233-9001

DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (JUN 2020) 100

I2.05-1

DEFINITION OF CHANGES (OVERSEAS PC&S) (DLA

ENERGY JAN 2012) 100

I2.05-4

I2.05-4 DEFINITION OF CHANGES (CONT'D)

(OVERSEAS PC&S) (DLA ENERGY JUL 1993) 100

I11.01-2

ADMINISTRATIVE COST OF TERMINATION FOR

CAUSE – COMMERCIAL ITEMS (FEB 1996) 101

I86.06 DELIVERY-ORDER LIMITATIONS (OVERSEAS PC&S) 101

I186

PROTECTION OF GOVERNMENT PROPERTY AND SPILL

PREVENTION (FEB 2009) 101

I209.09 EXTENSION PROVISIONS (JAN 2012) 102

SECTION J: LIST OF ATTACHMENTS

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

ATTACHMENT DESCRIPTION

A SPECIAL NOTES

B QUALITY ASSURANCE PROVISIONS C-QAPS - E- QAPS

C FILLABLE CLAUSES

D FUEL SOURCING DATA SHEET

E AMPS ROLE GUIDE AND PC&S OET GUIDE

F PRICE DATA SHEET

SECTION K: REPRESENTATIONS AND CERTIFICATIONS

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

FAR 52.204-24

REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION (OCT 2020) 105

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) 105

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (FEB 2021)

INCORPORATED

BY REFERENCE

DFARS 252.203-

REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2011) 117

DFARS 252.204-

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION – BASIC (DEC 2019) 117

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019)

DFARS 252.225-

TRADE AGREEMENT CERTIFICATES (NOV 2014) 118

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH

THE MADURO REGIME (DEVIATION 2020-O0005) 120

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CLAUSE NO. CLAUSE TITLE

PAGE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 122

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) 124

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 125

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020) 125

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH (APR 1991). 129

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 129

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 130

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 130

L54 SITE VISIT (DLA ENERGY OCT 1992) 131

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN

THE DELIVERY OF PRODUCT (PC&S) (DLA ENERGY JAN 2012) 131

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) 131

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

IV. PROVISIONS/CLAUSES TEXT

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (INTERNET APPLICATION)

(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

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 121

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 121

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 122

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 contract text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a EEBP -generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS INTERNET APPLICATION EEBP contract text.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award. The three (3.5)-year base requirements for each line item is listed below:

Line Item National Stock Number Product Description Quantity

(USG)

Unit Price (USD) Total Price

(USD/USG)

0001 9130-00-148-7104 Gasoline, Premium Unleaded (MUP)

258,508

0002 9130-00-753-5026 Jet Fuel, Aviation (JA1) 1,021,500 0003 9130-00-753-5026 Jet Fuel, Aviation (JA1) 3,578,882 0004 9130-01-272-0983 Gasoline, Mid-Grade

Unleaded (MUM) 3,701,500

*0005 9140-01-524-0139 Diesel Fuel (DS2) 4,335,304 *0006 9140-01-524-0139 Diesel Fuel (DS2) 198,000

*Indicates that items 0005 and 0006 are offered all-or-none, an offeror must offer on both line items to be considered for award.

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 text; and

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

(b) DEFINITIONS. As used throughout this contract text, 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 ____________.

(name of publication)

[ ] (iii) The established price posted by ________________________________ and

(name of company) published in__________________ ___________________________________ (name of publication)

(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 text 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 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 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 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 contract texts shall not exceed 587 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 text will be required that will exceed the current contract ceiling price for any http://www.platts.com/ http://www.desc.dla.mil/ 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;E98

(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 text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract text, 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 wording of this contract text.

(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 text.

(k) TABLE.

FOR ALL ITEMS, PLEASE SEE NOTATIONS BELOW:

Offer price should include the base reference price plus all cost arising from the performance of the contract including applicable taxes, fees and levies for which the US Government is not exempt. Base reference + markup = offer price.

Markup includes (taxes, levies, fees, transportation, overhead and etc. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy will review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

Line Item

Product Country Quantity

(USG)

Publication Base Reference

Date

Base Reference Price (USD)

0001 Gasoline, Premium Unleaded (MUP)

Andros Island 258,508 Platts OPR Super premium Unl USG Pipe

July 1, 2021 $2.3681

0002 Jet Fuel, Aviation (JA1) Andros Island 1,021,500 Platts OPR Jet 54 US Gulf July 1, 2021 $1.9117 0003 Jet Fuel, Aviation (JA1) Curacao 3,578,882 Platts OPR Jet 54 US Gulf Pipe July 1, 2021 $1.9117 0004 Gasoline, Mid-Grade Unl Guantanamo 3,701,500 Platts OPR Mid Unl US Gulf pipe July 1, 2021

$2.2733 *0005 Diesel Fuel (DS2) Andros Island 4,335,304 Platts OPR ULSD No. 2 CARB diesel pipe July 1, 2021 $2.1112

*0006 Diesel Fuel (DS2) Andros Island 198,000 Platts OPR ULSD No. 2 CARB diesel pipe

July 1, 2021 $2.1112

DLA Energy will allow the use of an alternate escalator as a basis for price escalation for Curacao location for CLIN 003 only. Offerors will be responsible for providing the base reference price using July 1, 2021, base reference date and the 12-month average for the period of July 1, 2020 – June 30, 2021. Your offer must specify which escalator you are using for Curacao location CLIN 003.

LINE-ITEM NARRATIVE:

CLIN: 0001

Offer Price USG/USD: $_______________ Quantity: 258,508 USG (UoM: UG6) Period of Performance: 10/01/2021 - 04/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $2.3681

NSN Delivery Identification State

9130-001487104 (MUP) ANDROSIS - ANDROS ISLAND AA

GASOLINE, AUTOMOTIVE

Delivery Address: NAVAL UNDERSEA WARFARE CENTER FPO AA 34058 Naval Undersea Warfare Center Det . AUTEC Andros Island Bahama

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE5N00 SE5N00

Name Phone

RACHID AKIF 561-671-2603

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BARGE

No. of Tanks Capacity Type Tank Location

1 22000 ABOVE GROUND TANK(S) SITE 1 TANK 1502

CLIN: 0002

Quantity: 1,021,500 USG (UoM: UG6) Offer Price USG/USD: $_______________ Period of Performance: 10/01/2021 - 04/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $1.9117

NSN Delivery Identification State

9130-007535026 (JA1) ANDROSIS - ANDROS ISLAND AA

TURBINE FUEL, AVIATION

Delivery Address: NAVAL UNDERSEA WARFARE CENTER FPO AA 34058

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE5N00 SE5N00

Name Phone

RACHIDAKIF 561-671-2603

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BARGE 160,000

No. of Tanks Capacity Type Tank Location

1 102774 ABOVE GROUND TANK(S) SITE 1 TANK 1664

Delivery Hours: 0700 – 2400 MONDAY THRU FRIDAY

CLIN: 0003

Quantity: 3,578,882 USG (UoM: UG6) Offer Price USG/USD: $_______________ Period of Performance: 10/01/2021 - 04/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $1.9117

NSN Delivery Identification State

9130-007535026 (JA1) CURACAO - CURACAO

TURBINE FUEL, AVIATION

Delivery Address: FP4540 429 EOS FOL WILLEMSTED 99999

Service Code Delivery DODAAC Ordering Office DODAAC

USAF SE5F00 SE5F00

Name Phone

JOHN ROWLAND 011-599-9-685-10

Mode Receipt % Max Parcel Min Parcel FOB Restriction

FOB TANK TRUCK

No. of Tanks Capacity Type Tank Location 1 10000 TANK TRUCK Trucks fill on Spot 16 B on International Airport

1 6000 TANK TRUCK Trucks fill on Spot 16 B on International Airport

1 7000 TANK TRUCK Trucks fill on Spot 16 B on International Airport

Delivery Hours:0001 THRU 2400HRS

Delivery Notes: Location only has rolling stock and delivery must only be into truck.

CLIN: 0004

Quantity: 3,701,500 USG (UoM: UG6) Offer Price USG/USD: $_______________ Period of Performance: 10/01/2021 - 4/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $2.2733

NSN Delivery Identification State

9130-012720983 (MUM) GUANTANAMO - DFSP GUANTANAMO BAY

FUEL, GASOLINE

Delivery Address: SHERMAN AVE OILPOINT GUANTANAMO BAY CUBA 09593-0133

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE5N01 SE5N01

Name Phone

FRED WRUCK 757-458-4078

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BARGE 210,000 190,000

No. of Tanks Capacity Type Tank Location

2 420000 ABOVE GROUND TANK(S) TANKS 826 AND 827

Delivery Hours: 0700 THRU 1600HRS MONDAY THRU SATURDAY

CLIN: 0005

Quantity: 4,335,304 USG (UoM: UG6) Offer Price USG/USD: $_______________ Period of Performance: 10/01/2021 - 4/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $2.1112

NSN Delivery Identification State

9140-015240139 (DS2) ANDROSIS - ANDROS ISLAND AA

DIESEL FUEL

Delivery Address: NAVAL UNDERSEA WARFARE CENTER FPO AA 34058

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE5N00 SE5N00

Name Phone

RACHID AKIF 561-671-2603

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BARGE

No. of Tanks Capacity Type Tank Location

1 422000 ABOVE GROUND TANK(S) SITE 1 TANK 1503

Delivery Hours: 0700|2400|MONDAY THRU FRIDAY|

CLIN: 0006

Quantity: 198,000 USG (UoM: UG6) Offer Price USG/USD: $_______________ Period of Performance: 10/01/2021 - 4/30/2025 Base-Ref: 7/1/2021 Base Reference Price: $2.1112

NSN Delivery Identification State

9140-015240139 (DS2) ANDROSIS - ANDROS ISLAND AA

DIESEL FUEL

Delivery Address: NAVAL UNDERSEA WARFARE CENTER FPO AA 34058

Service Code Delivery DODAAC Ordering Office DODAAC

NAVY SE5N00 SE5N00

Name Phone

RACHID AKIF 561-671-2603

Mode Receipt % Max Parcel Min Parcel FOB Restriction

BARGE

No. of Tanks Capacity Type Tank Location 1 8000 Above Ground Tank SITE 2 Salvador Point 25 Miles South Tank 2073 1 8000 Above Ground Tank SITE 2 Salvador Point 25 Miles South Tank 2072

Delivery Hours: 0700|2400|MONDAY THRU FRIDAY|

M3.02 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS ARE USED (DLA

ENERGY MARCH 2021)

(a) FOR EVALUATION PURPOSES ONLY, when any offeror proposes alternate escalators as a basis for economic price adjustment for any line item, an evaluation factor will be applied to the Final Proposal Revision (FPR) prices for all offers on such line items. The evaluation factor will ensure that all offerors are evaluated on an equal basis by determining the offerors’ average prices for the full 12-month period preceding the base reference date.

(b) The offeror's margin (plus or minus) will be established as the difference between the FPR price and the base reference price for the posting or publication being used for each offer. The base reference price is the price in effect on the base reference date in the posting or publication being used for the offer. The margin will then be added to the 12-month average of the posting or publication used for that offer to determine the offeror’s evaluated price. The 12-month average will be calculated over the most recent complete 12-month period prior to the established reference date (i.e., if reference date is July 1, 2020, then the 12-month period would be July 2020 - July 2021).

M3.02 Formula:

FPR Price – Base Reference Price (BRP) = Margin

Margin + 12-Month Avg. = Offeror’s Evaluation Price

Example:

DLA Recommended Escalator Alternate Escalator

BRP $1.00 BRP $1.10

12-month Average $1.50 12-month Average $1.58

FPR Price Margin (FPR Price – BRP) Evaluated Price (Margin + 12-Month

Avg) Offer Price A (using DLA Recommended Escalator) $1.11 $1.11 - $1.00 = 0.11 $0.11 + $1.50 = $1.61 Offer Price B (using Alternate Escalator) $1.12 $1.12 - $1.10 = 0.02 $0.02 + $1.58 = $1.60

SECTION C: DESCRIPTION OF PRODUCT AND SPECIFICATION/STATEMENT OF WORK

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE AS IF FULLY SET FORTH

HEREIN. SEE ATTACHMENT B FOR FULL TEXT.

C16.09 Turbine Fuel, Aviation (Jet A1) DLA ENERGY OCT 2017)

C16.69-2 Gasoline Automotive, Unleaded, Midgrade (MUM) (PC&S) (DLA ENERGY JUN 2017)

C16.69-3 Gasoline Automotive, Unleaded, Premium (MUP) (DLA ENERGY JUN 2017)

C16.69-11 Diesel Fuel Specifications (PC&S) (DLA ENERGY DEC 2016)

SECTION E: INSPECTION AND ACCEPTANCE

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

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 Governments 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.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE AS IF FULLY SET

FORTH HEREIN. SEE ATTACHMENT B FOR FULL TEXT.

ENERGY QAP E1 Contractor Inspection Responsibilities SEP 2013

DLA ENERGY QAP E1.21 Quality Control Plan FEB 2014

DLA ENERGY QAP E12 Point of Acceptance FEB 2014

DLA ENERGY QAP E18.01 Sample Submission FEB 2014

DLA ENERGY QAP E21.01 Point of Inspection JUN 2015

ENERGY QAP E22 List of Inspection Offices for DLA Energy Contracts (DLA Energy) AUG 2020

ENERGY QAP E35 Nonconforming Supplies and Services DEC 2011

DLA ENERGY QAP E37 Restriction and Source Inspection DEC 2011

ENERGY QAP E40.01 Material Inspection and Receiving Report (MIRR)/WIDE AREA WORKFLOW (WAWF) Energy Receiving Report (ERR) (Bulk Fuel/Direct Delivery Aviation Fuel) Jul 2014

SECTION F: DELIVERIES OR PERFORMANCE

In addition, the following clauses provided in full text apply and are incorporated into this solicitation:

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) below.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to EACH DELIVERY ORDER

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

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any.