SPE60523R0206 COG 6 Solicitation March 2023.pdf

INFORMATION TO OFFERORS OR QUOTERS

COVER SHEET

Combined Synopsis/Solicitation

SOLICITATION NUMBER: SPE605-23-R-0206 (COG 6, POSTS, CAMPS & STATIONS (PC&S) PP 3.26).

PART: U.S. GOVERNMENT PROCUREMENTS

SUBPART: Supplies, Equipment, and Material

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

ISSUING OFFICE: Defense Logistics Agency – Energy

ATTN: DLA Energy-FEPBA Danette Stewart & Matthew Womer 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

RESPONSES DUE: May 1, 2023, 4:30 PM, Eastern Standard Time (EST)

ORDERING PERIOD: Date of Award through May 31, 2028

DELIVERY PERIOD: 48 Hours after the Date of Award through

June 30, 2028 (30 days after end of ordering period)

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR Department of Defense and Federal Civilian Agencies in the States of Colorado, Illinois, Iowa, Kansas, Michigan, Minnesota, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin, and Wyoming.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

DANETTE STEWART MATTHEW WOMER

(571) 767-9535 (571) 767-9543

DANETTE.STEWART@DLA.MIL MATTHEW.WOMER@DLA.MIL

WEB ADDRESS: https://today.dla.mil/Pages/Home.aspx

ADDITIONAL INFORMATION: SEE NOTES AND ATTACHED PAGES

mailto:MATTHEW.WOMER@DLA.MIL mailto:MATTHEW.WOMER@DLA.MIL

SPECIAL INSTRUCTIONS FOR OFFERORS

a) This is a combined synopsis/solicitation for commercial products or commercial services 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) SPE605-23-R-0206 is issued as an invitation for a Request for Proposal.

c) This Solicitation incorporates provisions & clauses in effect through Federal Acquisition Circular (FAC) 2023-02, effective 03/16/23, DFARS Change effective 03/1/23 and Defense Logistics Agency Directive (DLAD) effective 08/03/22. and Defense Logistics Agency Energy Procurement Instruction (DEPI) February 2023 up to Red Procurement Flash 2023-0012, Class Deviation 2023-O0001 October 2022.

d) SET ASIDES: This RFP is a total Small Business set-aside of 758 line items. See ATTACHMENT B for a full list of set asides, including 67 for Service-disabled Veteran-owned Small Businesses (SDVOSBs).

1. SMALL BUSINESS CONCERNS: Three-hundred and fifty-eight (358) line items are being set-side for small business concerns, in accordance with (IAW) FAR 19.502-2, as they are valued between the micro purchase threshold ($10,000) and the simplified acquisition threshold (SAT) ($250,000), which makes them exempt from the Nonmanufacturer Rule (NMR). The remaining three-hundred and thirty-three (333) line items, having an estimated value above the SAT will be set aside for small business as an NMR waiver was approve for all line items over the SAT. FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) applies to all line items except SDVOSB line items identified in ATTACHMENT C.

2. SDVOSBS: Sixty-seven (67) line items, which support the U.S. Department of Veterans Affairs, will be set aside for SDVOSBs (ATTACHMENT C). Forty-nine (49) of those are valued below the SAT, and eighteen (18) are valued above the SAT. Pursuant to 38 U.S.C. § 8127(d) and (j), purchases on behalf of the VA must be set aside for service-disabled veteran-owned small businesses (SDVOSBs) if there is a reasonable expectation that two or more SDVOSBs will submit offers and award can be made at a fair and reasonable price. NMR waiver was also approved for the 18 VA line items, intended for set aside for SDVOSBs which exceed the SAT.

Under 38 USC. § 8127(f), the VA established a database of small businesses owned by veterans and service-disabled veterans, the Department of Veterans Affairs Center for Verification and Evaluation (CVE). The CVE is responsible for establishing and maintaining a database within the VA of certified SDVOSB. Section 8127(e) further states that to be awarded a contract under this preference rule, a business must be listed within the database, required under § 8127(f). The Veterans Administration Acquisition Regulation (VAAR) supplement implements the eligibility statute, for award. All SDVOSB must be registered as confirmed in the VA’s Vendor Information Pages (VIP) database (see VAAR819.7003(b)(3) (deviation). To be eligible for award for the line items set-aside for SDVOSBs below, the SDVOSB submitting an offer must be listed as verified in the Department of Veterans Affairs Vendor Information Pages (VIP) database, https://www.vip.vetbiz.va.gov/.

3. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard for a small business is either that it has no more than 1500 employees, including all affiliates, or that it has a capacity to refine no more than 200,000 barrels per calendar day. (See 13 C.F.R. § 121.201). Offerors that propose to furnish an item that it did not itself manufacture, but want to be considered for a set-aside award, must comply with 13 C.F.R. §

121.406. The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone (703)624-5495.

https://www.acquisition.gov/far/subpart-12.6#FAR_Subpart_12_6 https://www.vip.vetbiz.va.gov/

e) A list of line item number(s) and items, quantities, units of measures, description of requirements, date(s), place(s) of delivery and acceptance and FOB point may be found in Attachment A.

f) 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) applies to this solicitation.

g) EVALUATION: As indicated in Section M in the solicitation, proposals will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items (NOV 2021). Offerors should thoroughly read and understand the terms and conditions contained in the solicitation. Failure to provide any information requested in the solicitation may render an offer unacceptable and preclude it from any further consideration. Offerors should ensure that the information contained in their proposals is factual, accurate, and complete. All Certificates of Analysis should specifically state what CLINs they are being submitted for.

(PLEASE REFER TO SECTION M - FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS)

h) SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required at the time of offer submission. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (December 2022) applies to this acquisition. Offerors shall complete this provision in SAM and submit a completed copy with your offer. SAM is an official U.S. Government system, and all offerors are required to be registered in this system. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. There is NO fee to register for this site. Please provide the printout from SAM with your proposal. Offerors may obtain information on registration and annual confirmation requirements at:

SAM.gov or by calling 1-866-606-8220 or 334-206-7828

i) 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (DEC 2022) applies to this acquisition may found on page 39.

j) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2023) applies to this acquisition. See page 43 for additional clauses incorporated by reference.

k) CLOSING DATE AND LATE OFFERS: May 1, 2023; 4:30 PM, Eastern Standard Time (EST).

Any offer received after May 1, 2023, 4:30 PM EST will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2023).

l) It is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Station (PC&S) Purchase Program 3.26, COG-6 requirements. The first closing date is May 1, 2023, and is for the seven-hundred and fifty-eight (758) Contract Line Items (CLINs) contained in this first closing. Solicitation No. SPE605-23-R-0206 has a performance period from June 01, 2023, through May 31, 2028. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1(d)).

m) The Government intends to procure petroleum fuel products using FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The Government will award fixed-price requirements-type contracts with economic price adjustment resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation, will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605-23-R-0206 will remain open until June 01, 2027, 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.

n) Solicitation Number SPE605-23-R-0206, is issued as a Request for Proposals (RFP).

o) SCHEDULE: The description, quantities, location, delivery hours, equipment, and other details required for this solicitation are listed in ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS.

Delivery of Line item 0396 in the schedule of supplies is F.o.b. Origin. Delivery of all other line items in the schedule of supplies shall be F.o.b. Destination.

p) ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.19

ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POSTS, CAMPS, AND

STATIONS (PC&S) (DLA ENERGY JUNE 2017) and B-19.27-3 – ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY JAN 2012). The base reference date is 1 Sep 2022. Offerors MUST use the publication listed for each line item schedule as the escalation reference for their offer prices. After award, the contract price for all line items will escalate/de-escalate daily (Monday through Friday, and any deliveries made on Saturday and Sunday (such as in emergency situations) will use Friday’s Price) in accordance with the above-referenced Economic Price Adjustment clauses based upon the prescribed escalation publication referenced in the solicitation, price changes are not based on product cost or vendor profit margin. Any proposal using an alternate escalator will not be accepted.

q) PROPOSAL SUBMISSION: Offer Prices must be submitted through the Posts, Camps and Stations (PC&S) Offer Entry Tool (OET).

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, “PC&S OET Vendor Guide.”

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 danette.stewart@dla.mil and matthew.womer@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still https://amps.dla.mil/ mailto:DLAEnterpriseHelpDesk@dla.mil mailto:matthew.womer@dla.mil responsible for entering offer data through OET upon its return to a fully functioning state.

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

a. ATTACHMENT D

b. ATTACHMENT E

c. ATTACHMENT F

All remaining proposal documentation must be submitted via OET. If you are unable to submit in OET then send via email to DLAEnergyFEPBA@dla.mil, danette.stewart@dla.mil, and matthew.womer@dla.mil, but vendors are responsible to submit all documents and prices in OET once they gain access.

r) TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following provisions & clauses:

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

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

• I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT

PRICE (DLA ENERGY DEC 2019)

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

INCLUDE any Federal Excise Taxes (FET) in your offer prices, (however, if awarded a contract the FET may need to be listed as a separate line item on the Contractor’s invoice).

INCLUDE State and Local environmental, oil spill taxes, and inspection fees in your offer price, unless an exemption applies.

INCLUDE your estimate of the price per gallon increase for the Texas Petroleum Products Delivery Fee.

For offers made on items in the State of Texas, vendors will have to calculate a price per gallon increase to include the fee. This estimation shall be based on the average delivery to these locations. (See Clause L- 0004: L54, SITE VISIT, in order to obtain the average delivery for each location)

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

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

gallon.

s) Government MAY AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2023). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. The Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range. Therefore, offerors are advised to submit their best prices with their initial offer.

t) CONTRACT TYPE: The fuel requirements issued under this solicitation are for the remainder of the current contract cycle. A contract awarded as a result of this solicitation will be a FIXED PRICE REQUIREMENTS CONTRACT WITH ECONOMIC PRICE ADJUSTMENT. Please refer to FAR 52.216-1 TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

u) BIODIESEL CERTIFICATIONS: In accordance with Clause C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014), all offerors submitting prices for Biodiesel are required to submit a copy of its B100 supplier’s EPA registration letter. Along with the EPA registration, a letter is also required from the supplier stating that the product will be provided from their terminal/refinery. These documents must be provided with the offer to be found technically acceptable and stay in the competitive range.

Without these documents, your offer may be disqualified.

mailto:DLAEnergyFEPBA@dla.mil mailto:danette.stewart@dla.mil mailto:%20matthew.womer@dla.mil mailto:%20matthew.womer@dla.mil

v) OXYGENATED/NON-OXYGENATED GASOLINE ITEMS: Prices for oxygenated/non-oxygenated items will be adjusted during the oxygenated and non-oxygenated periods to allow for the difference in reference prices between the two periods. See Clause C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY JUN 2017) for oxygenate requirements.

w) COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please include your CAGE code in your offer submission letter. If you have not been assigned a CAGE code, insert the word “None” when referencing CAGE code.

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

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

WITH THE GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT

FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE

GOVERNMENT.

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

y) DLA Energy may conduct pre-award surveys to determine responsibility and request financial capability documentation for new vendors.

z) Offerors should identify any exceptions taken to the terms and conditions of the solicitation on company letterhead with their proposal, identifying the clause(s)/provision(s) and what exception is being taken, the reason for exception, and any cost savings to the Government if accepted. If the Government chooses to conduct discussions and the offer is within the competitive range but the exception is not acceptable to the Government, the offeror will be advised during discussions and given an opportunity to withdraw their offer or accept the RFP terms and conditions without the exception.

POINTS OF CONTACT:

Information Regarding Solicitation SPE605-23-R-0206 Points of contact for information regarding this solicitation are:

Danette Stewart Matthew Womer Phone: (571) 363-8808 Phone: (571) 767-9543 Email: danette.stewart@dla.mil Email: matthew.womer@dla.mil

SUMMARY OF OFFER SUBMISSION REQUIREMENTS:

IN ADDITION TO MEETING THE OFFER SUBMISSION REQUIREMENTS OF FAR 52.212-1,

OFFERORS SHALL DO THE FOLLOWING:

(1) Offerors must be registered in the following systems:

• System for Award Management (SAM) at https://www.sam.gov

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

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

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER AT

SUBMISSION DUE DATE AND TIME.

(2) All offers must comply with the instructions in FAR 52.212-1(b) to include at a minimum:

mailto:danette.stewart@dla.mil mailto:matthew.womer@dla.mil https://www.sam.gov/ http://www.dibbs.bsm.dla.mil/

a. Solicitation number on your offer,

b. Adhere to the date and time specified in the solicitation for receipt of offers,

c. The name, address, email address, and telephone number of the offeror,

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

e. Terms of any express warranty,

f. Price submitted through PC&S OET with all taxes and fees included

g. Any discount terms,

h. Remit to address, if different than mailing address,

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

j. Return a signed copy of all Solicitation Amendments; and

k. Offers must be submitted on Company Letterhead that includes a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and signed and dated by an Officer of the Company. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(3) All offerors are required to provide written acknowledgement at the time of submission of their initial offer that the offer prices provided are accurate and include all applicable taxes and/or fees. Offerors must also confirm their ability to perform all contractual obligations in a satisfactory manner for the duration of the contract period at the offer price(s) submitted in response to Solicitation SPE605-23-R- 0206.

(4) The following clauses below, in the Table of Contents, are included in full text or are incorporated by reference into this solicitation.

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES PRICE COST

PROVISION

NUMBER

TITLE

PAGE

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

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

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

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

(DLA ENERGY APR 2020)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

QUALITY

ASSURANCE

C02 MANUFACTURING PHASE-OUT OR DISCONTINUATION OF

PRODUCTION, DIMINISHING SOURCES, AND OBSOLETE MATERIALS OR

COMPONENTS (DEC 2016)

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY

DOCUMENTATION (JUN 2020)

C14 CORRECTION OF NONCONFORMING PACKAGING OR MARKING (MAY

2020)

C1.02 ASST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2019) 18

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY MAY 2018) 18

C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY JUL 2011) 18

C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY OCT 2014) 18

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

(DLA ENERGY FEB 2019)

C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014) 18

C16.64-1 ENERGY QAP JP8 (DLA ENERGY OCT 2018) 18

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY

JUN 2017)

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

JUN 2017)

C16.69-7 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016) [MRR]

C16.69-8 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016) [MMR]

C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DS1] 18

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

DEC 2016) [DS2]

C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSS] 18

C16.69-13 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) [DSW] 18

C16.69-14 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUR] 18

C16.69-15 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016)

[GUM]

C16.69-16 GASOHOL FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) [GUP] 18

C16.69-17 FUEL OIL, BURNER SPECIFICATION (PC&S) (FL2) (DLA ENERGY DEC

2016)

SECTION E: INSPECTION AND ACCEPTANCE

QUALITY

ASSURANCE

PROVISION

TITLE PAGE

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) 19

E1.21 JET A / JET A-1 (DLA ENERGY FEB 2014) 19

E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 19

E18.01 SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 19

E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 19

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY APR 2016)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 19

E37

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

DEC 2011)

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

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

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

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSE NUMBER TITLE PAGE

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

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

TRAILERS, AND TANK WAGONS (DLA ENERGY MARCH 2022)

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

2012)

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 24

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

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

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

(APR 2005)

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 25

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

CLAUSE NUMBER TITLE

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) 26

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) 30

G01 ADDITIONAL WIDE AREA WORKFLOW (WAWF) INFORMATION (AUG

2017)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 32

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

ENERGY JAN 2017)

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

TRADE EXCHANGE (DLA ENERGY JUL 2007)

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

(DLA ENERGY JAN 2012)

SECTION H: SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

CLAUSE NUMBER TITLE PAGE

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

FAR 52.203-3 GRATUITIES (APR 1984) (IBR) 38

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) (IBR) 38

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

2020) (IBR)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (Nov 2021) (IBR)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023) (IBR)

FAR 52.242-13 BANKRUPTCY (JUL 1995) (IBR) 38

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) (IBR)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022) (IBR)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) (IBR) 38

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (JAN 2023) (IBR)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (JAN 2023) (IBR)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023) (IBR)

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR

2022) (IBR)

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023) (IBR) 38

DFARS 252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021) (IBR) 38

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991) (IBR)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) (IBR) 39

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

DFARS 252.225-7052 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) (IBR) 39

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

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(JAN 2023)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IBR) 39

DFARS 252-243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) (IBR) 39

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (JAN 2023) (IBR)

DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) (IBR) 39

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

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

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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEC 2022) 39

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2023)

FAR 52.216-18 ORDERING (AUG 2020) 52

FAR 52.216-21 REQUIREMENTS (OCT 1995) 52

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 53

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

MANAGEMENT (OCT 2018)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 55

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 56

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN

2023)

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

(DEC 2016)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 57

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

ITEMS (DLA ENERGY FEB 1996)

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

(DEVIATION)

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

2019)

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 59

I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 60

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DLA ENERGY FEB 2009)

I209.09 EXTENSION PROVISIONS (JAN 2012)

SECTION J: LIST OF ATTACHMENTS

SCHEDULE: LINE ITEM NARRATIVES TSW & CLIN # - ATTACHMENT A 61

BASE REFERENCE PRICES - ATTACHMENT B

VETERAN ADMINISTRATION SET-ASIDE FOR SDVOSB - ATTACHMENT C

AMPS ROLE GUIDE - ATTACHMENT D

REQUESTING THE OET VENDOR ROLE IN AMPS GUIDE - ATTACHMENT E 61

PCS OET VENDOR GUIDE ATTACHMENT F

C ENERGY QAPs - ATTACHMENT G

E ENERGY QAPs - ATTACHMENT H

PRICE DATA FOR TAXES ONLY - ATTACHMENT I

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

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

2020)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 68

FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS- COMMERCIAL

ITEMS (DEC 2022)

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (OCT 2020)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022)

DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(MAY 2021)

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION – BASIC (DEC 2019)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (MAY 2021)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005)

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY JAN 2012) 91

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 91

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 91

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

TITLE CLAUSE

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 92

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (MAR 2023) 93

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 96

FAR 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER (JUL 2013)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 97

FAR 52.247-46 SHIPPING POINT(S) USED IN EVALUATION OF F.O.B. ORIGIN

OFFERS (APR 1984)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022) 98

DLAD L06 AGENCY PROTESTS (DEC 2016) 98

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 98

L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 99

L54 SITE VISIT (DLA ENERGY OCT 1992) 99

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED

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

SECTION M: EVALUATION FACTORS FOR AWARD

PROVISION NUMBER TITLE PAGE

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021)

M48.01 EVALUATION OF OFFERS (BARGE ITEMS) (DLA ENERGY MAR 1980) 101

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 101

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997)

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

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

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

(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the particular item.

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

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (COG 6) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Any offers received for less than the full quantity for each line item will be rejected by the Government.

FUEL PRODUCT NSN: Approximate Quantity

Fuel Ethanol (E85) (E8) 9130-01-470-2024 3,995,501 Gasoline, Aviation (130LL) 9130-00-179-1122 596,000 Gasoline, Aviation (110LL) Dyed 9130-01-531-4426 130,000 Jet Fuel, Type A (JAA) 9130-00-359-2026 18,587,000 Turbine Fuel Aviation (JA1) 9130-00-753-5026 5,000 Gasoline (MUM) 9130-01-272-0983 1,232,000 Gasoline Reg UNL (MUR) 9130-00-148-7103 63,942,501 Gasoline Prem UNL (MUP) 9130-00-148-7104 196,500 RFG Midgrade UNL (MMR) 9130-01-388-4513 390,000 RFG Reg UNL (MRR) 9130-01-388-4080 1,417,000 Gasoline, Ethanol Free Midgrade 9130-01-686-0488 75,000 Fuel Oil Burner #2 9140-00-546-1786 638,000 Marine Gas Oil (MGO) 9140-01-313-7776 383,500 Red-dyed ULSD #1 (DSW) 9140-01-541-6767 2,291,300 Red-dyed ULSD #2 (DSS) 9140-01-541-6760 7,939,505 Summer ULSD (DS2) () 9140-01-524-0139 40,227,250 Winter ULSD (DS1) (UW) 9140-01-524-5174 18,765,250 Biodiesel B20 (BDI) 9140-01-470-4520 386,000

SEE ATTACHMENT A “SCHEDULE” FOR REQUIREMENTS

NOTE: The above requirements are to be delivered via tank truck, tank wagon, drums, and/or barge to various Military and Federal Civilian facilities within the COG 6 Region.

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

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

(a) Warranties: The Contractor warrants that—The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and

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

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

(1) Base price means—

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

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

(2) Base reference price means the reference price for an item as published on 1 Sep 2022. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

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

(4) Date of delivery means—

(i) For tanker or barge deliveries.

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

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

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

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

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

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

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

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

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

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

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

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 935 percent (%) of the of the base price in any applicable program year, except as provided below.

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

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

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the

Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

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

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

SEE ATTACHMENT B “BASE REFERENCE & ESCALATORS USED”

Note: B19.27-3 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S)

(ETHANOL) (DLA ENERGY APR 2020)

(a) WARRANTIES. The Contractor warrants that--

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

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

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

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

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

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

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

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

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

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

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

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

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

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

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

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph

(c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract text until the increase has been verified by the Contracting Officer.

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

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

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

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

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

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