RFP SPE605-23-R-0208 Amend 2.pdf

CUI

FEMA, POSTS, CAMPS & STATIONS

(PC&S) PP 3.2F

Source Selection Information – See FAR 2.101 and 3.104

INFORMATION TO OFFERORS COVER SHEET

SOLICITATION: SPE605-23-R-0208

(FEMA, POSTS, CAMPS & STATIONS (PC&S) PP 3.2F)

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

ORDERING PERIOD: 1 JUNE 2024 THROUGH: 31 MAY 2029

DELIVERY PERIOD: 1 JUNE 2024 THROUGH 30 JUNE 2029

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 91 – FUELS, LUBRICANTS, OILS AND WAXES

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAB,

Georgia Dotson and Sandra Smallwood 8725 John J. Kingman Road, Suite 3938 Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA) AND DEPARTMENT OF DEFENSE

IN THE UNITED STATES AND TERITORIES.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

SANDRA A. SMALLWOOD GEORGIA DOTSON

Contract Specialist Contracting Officer

(804) 774-0904 (571) 767-8460

SANDRA.SMALLWOOD@DLA.MIL GEORGIA.DOTSON@DLA.MIL

HANNAH SAVINE

Contract Specialist 571-837-1653

HANNAH.R.SAVINE@DLA.MIL

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

RESPONSES DUE: Please note that all required documents to be submitted as part of an Offeror’s proposal shall be received, as stated NLT: May 19, 2023 at 4:00PM, Eastern Time, (Ft. Belvoir, VA Local Time)

ADDITIONAL INFORMATION:

SEE NOTES AND ATTACHED PAGES

Controlled by: DLA Energy-(FEPA) Category: PROCURE

Distribution/Dissemination Controls: FED ONLY POC: Georgia Dotson, 703-338-0278

SOLICITATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all line items)

GENERAL

A. DESCRIPTION: This is for commercial items prepared in accordance with the format in FAR Subpart 12 and 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested.

B. REGULATIONS: This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023- 02 effective February 22, 2023, DFARS Change effective January 31, 2023 and Defense Logistics Agency Directive (DLAD) effective August 30, 2022. 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/.

C. Any reference to DAY(S) within this solicitation should be considered Calendar (s) (Sunday through Saturday) unless otherwise specified. Hours of operation listed are for the time zone specific to each requirement line item. Any other reference to hours/time, unless otherwise stated, within the solicitation will be for Eastern Standard Time (EST). Any reference to Holiday(s) shall be considered U.S. Holidays, unless otherwise noted.

D. SOLICITATION NUMBER: SPE605-23-R-0208 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.

E. This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and Station (PC&S) Purchase Program 3.2F, FEMA requirements. The Government anticipates receiving new requirements throughout the performance period.

Therefore, solicitation SPE605‐23‐R‐0208 will remain open until May 31, 2029, for any new SLINs 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 SLINs.

F. Pre-Proposal Conference: An optional pre-proposal conference will be held on April 27, 2023 at the: DLA Headquarters, 8725 John J. Kingman Rd, Fort Belvoir, VA 22060.

Representatives of each interested Offeror would be eligible to register and participate in the meetings stating in writing at least 30 (thirty) days prior to the date of the Pre-Proposal Conference. All visitors who do not possess a DoD issued CAC must process through the HQC Visitor Control Center (VCC) located just outside Gate-1. To avoid unnecessary delays at the VCC it is recommended that all visitors utilize the online DBIDS procedures listed below:

• Step 1: Sponsor provides visitor with link to DBIDS pre-enrollment website ( https://dbids-global-enroll.dmdc.mil ) along with their work email/phone number.

• Step 2: Visitor goes online not earlier than 30 days prior to their scheduled appointment to enter their personal information. At the end of the process the visitor will receive a final confirmation page that lists a QR and six-digit number code.

• Step 3: Visitor sends copy of confirmation (QR/#) to their sponsor.

https://www.acquisition.gov/ https://dbids-global-enroll.dmdc.mil/

Due to high demand, it is recommended that visitors submit their requests NLT ten (10) business days in advance of the visit. If Offeror already has approved security clearance to access the DLA Headquarters building, you shall still provide Company Name, Visitor Name, Title, email address and phone number to Sandra.Smallwood@dla.mil, Hannah.R.Savine@dla.mil and Georgia.Dotson@dla.mil. Information regarding any change in dates and/or time of the Pre-Proposal Conference will be provided to the registered Offerors.

The purpose of the Pre-Proposal Conference is to allow Offerors an opportunity to ask questions and obtain clarification relative to any facet of this solicitation. While attendance at this conference is optional, Offerors who intend to submit a proposal are highly encouraged to attend and to have a copy of this solicitation to reference. However, no verbal response provided at the Pre-Proposal Conference binds the Government. Any questions and answers that are presented during the conference or any changes to the solicitation resulting from this conference will be issued in a written amendment to the solicitation. Only those responses to questions submitted to the Contracting Specialist and Contracting Officer will be official.

Inquiries regarding the solicitation either technical or otherwise may be submitted prior to the Pre-Proposal Conference and will be addressed during the Pre-Proposal Conference. Firms may participate in the pre-proposal conference via conference call. Contact the Contracting Specialist and Contracting Officer to obtain the “Dial in information”.

G. This acquisition is issued under Full and Open Competition.

H. NOTICE TO SMALL BUSINESS CONCERNS: In accordance with FAR 19.000(b), FAR Part 19 – Small Business Programs. This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees or no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity. For questions concerning Small Business matters, contact DLA.ENERGY.OSBP@DLA.MIL.

CONTRACTING RELATED

A. PERIOD OF PERFORMANCE: The ordering and delivery period for all items is June 1, 2024, through May 31, 2029, with a thirty-day delivery carryover period through June 30, 2029. See contract provision F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY

JUN 2002).

B. Payment term of “Net 30” will apply to all contracts awarded from this solicitation.

C. All solicitation line-item numbers (SLIN) listed under B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) are in U.S. Gallons (USG).

See Attachment 1 FEMA Location Schedule

PROPOSALS

A. QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items a question and answer period has been established. Starting from the issue date of this solicitation to April 24, 2023 5pm Eastern Standard Time (EST) all potential Offerors may ask any and as many questions as they may need to fully participate and respond to all mailto:Sandra.Smallwood@dla.mil the listed line items (Attachment 1), FEMA PWS and solicitation requirements. No further questions shall be accepted after the above stated date and time. All questions are to be sent to Sandra.Smallwood@dla.mil, Hannah.R.Savine@dla.mil and Georgia.Dotson@dla.mil.

Your email will be acknowledged, and answers will be consolidated and submitted via an official Q&A amendment to the solicitation, if applicable. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

B. TIME SPECIFIED FOR RECEIPT OF OFFERS: Please note that all required documents to be submitted as part of an Offeror’s proposal shall be received, as stated no later than: May 19, 2023 at 4:00PM Eastern Standard time (Ft. Belvoir, VA Local Time).

C. OFFER SUBMISSION: ALL fuel product SLIN offers must be submitted in DLA Energy PC&S Offer Entry Tool (OET). Information regarding access to OET refer to Attachment 9 PCS OET Vendor Guide for instructions. All offerors shall refer to 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (NOV 2021) for instructions on how to prepare and submit a proposal.

D. DISCUSSIONS: The government anticipates and intends to award without discussions;

however, to maximize the government’s ability to obtain best value, it may be necessary to conduct discussions. Discussions may be conducted either orally or in writing. The scope and extent of discussions are a matter of contracting officer judgement. Offerors are advised to submit initial proposals, which are abundantly and clearly compliant without the need for additional information.

E. COMPETITIVE RANGE: The government reserves the right to limit, for purposes of efficiency, the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. If the contracting officer decides that an Offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award and a written notice of the decision shall be provided to the unsuccessful Offeror in accordance with FAR 15.503.

F. EVALUATION: Reference FAR 52.212-2 EVALUATION – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

G. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

H. FAR Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL PRODUCT

AND COMMERCIAL (DEC 2022) lists out clauses incorporated by reference (IBR). Please be advised that Offerors are responsible for complying with the referenced clauses as if they appeared in full text. Please read FAR Clause 52.212-1 INSTRUCTIONS TO OFFERORS (NOV 2021) in its entirety.

I. Hazard Communication Standard Notice:

Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities.

The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels.

In accordance with the revised standard after June 1, 2015:

1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R.

1910.1200 for hazardous materials delivered to the Government.

2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, Hazardous Communication Standard (HCS) labels in accordance with 29 C.F.R. 1910.1200 requirements or current Consumer Product Safety Act (CPSA), Federal Hazardous Substance Act (FHSA) labels when subject to labeling requirements under those statutes. This product labeling is required for hazardous materials delivered to the Government.

3. Finally, suppliers must train their employees on the new safety data sheets, hazardous communication labels, and requirements of 29 C.F.R. 1910.1200.

For more information on SDS, refer to OSHAs website, available at:

https://www.osha.gov/law-regs.html

For information on 29 C.F.R. 1910.1200, refer to the below link:

https://www.osha.gov/dsg/hazcom/index.html

J. PRE-AWARD SURVEY: In accordance with FAR 9.106 a pre-award survey may be required. A pre-award survey is an on-site review or an audit of the Offeror’s capabilities as it relates to the issued solicitation. The goal of this on-site review is to ensure that the capabilities exist to support the full requirement the Offeror offered against; mitigating potential risk of non-performance due to lack of capability. If an Offeror does not pass a pre-award survey it shall reflect negatively against the Offeror’s responsibility determination.

https://www.osha.gov/law-regs.html https://www.osha.gov/dsg/hazcom/index.html

SPE605-23-R-0208

INDEX

Section B- Supplies or Services and Price/Costs

PROVISION/CLAUSE TITLE PAGE

B1.01 SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (DLA ENERGY JAN 2012) 14

B19.19

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST,

CAMP AND STATION (PC&S) (JUNE 2017) 14-16

Section C- Description/Specifications/Statement of Work

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT

(7)

“QUALITY ASSURANCE PROVISIONS C-QAPS- E- QAPS”:

PROVISION/CLAUSE TITLE PAGE

C1 SPECIFICATIONS (DLA ENERGY JAN 2012) 16

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY JULY 2022) 16

C16.09 TURBINE FUEL, AVIATION (JET A1) (DLA ENERGY JULY 2022) 16

C16.15 GASOLINE, AVIATION (GRADE 100LL) (DLA ENERGY FEB 2021) 16

C16.64-1

TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE)

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA

ENERGY OCT 2022)

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

JUN 2017)

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

C40 PROPANE-BUTANE MIXTURES (PC&S) (BULK) (DLA ENERGY JUNE 2018) 17

Section D- Packaging and Marking

PROVISION/CLAUSE TITLE PAGE

NONE 17

Section E- Inspection and Acceptance

THE FOLLOWING CLAUSES ARE CONTAINED IN FULL TEXT IN ATTACHMENT

(7)

“QUALITY ASSURANCE PROVISIONS C-QAPS - E- QAPS”:

PROVISION/CLAUSE TITLE PAGE

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

17-19

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (MAR 2022) 19

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

(DLA ENERGY FEB 2014)

E12 POINT OF ACCEPTANCE (JUL 2015) 19

E18.01 SAMPLE SUBMISSION (AUG 2009) 19

E21.01 POINT OF INSPECTION (JUN 2015) 19

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY) (FEB 2022) 19

E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011) (DF2, SFD, MUR) 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 QUANTITY (APR 1984) 20

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) 20

FAR 52.242-15 STOP-WORK ORDER (AUG 1989) 20-21

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 21-22

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

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012) 22-24

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

2012) 24-28

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 28-29

F3.03

NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S)

(DLA ENERGY APR 2005) OSP

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) 29

F14 SHIPMENT AND ROUTING (DLA ENERGY OCT 2020) 30-32

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND

AVIATION FUELS (DLA ENERGY OCT 1992) 32

Section G- Contract Administration Data

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) 32-34

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 34

Section H- Special Contract Requirements

None 38

Section I- Contract Clauses

PROVISION/CLAUSE TITLE PAGE

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES (JUN 2020) Alternate I (Nov 2021)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020) 39-44

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) 44-48

FAR 52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JUN 2020)

IBR

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS. (JAN 2017) 48-49

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 49-52

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

2020)

52-53

FAR 52.204-19 INCORPORATED BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014) IBR

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021) 53-55

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 55-58

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018) IBR

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015) 58

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (DEC 2022) 58-65

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

JAN 2017) OSP

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

TRADE EXCHANGE (JUL 2007) OSP

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE

WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) OSP

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

ENERGY JAN 2012) 34-38

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (DEC 2022) 65-72

FAR 52.216-18 ORDERING (AUG 2020) 72

FAR 52.216-21 REQUIREMENTS (OCT 1995) 73

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

BUSINESS CONCERNS (OCT 2022) 73-74

FAR 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES

(DEC 2022) 74-75

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) IBR

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSON COMPLIANCE

PLAN (JUN 2020)

OSP

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021) OSP

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

IBR

FAR 52.223-18 ENCOURAGING CONTRACTING POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020) IBR

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021) 75-76

FAR 52.232-1 PAYMENTS (APR 1984) IBR

FAR 52.232-11 EXTRAS (APR 1984) IBR

FAR 52.232-17 INTEREST (MAY 2014) 76-78

FAR 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT.TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT

2018)

78-79

FAR 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM

FOR AWARD MANAGEMENT (JUL 2013) 80-82

FAR 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (JUL 2013) 82-82

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 83-84

FAR 52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC1991) 84-85

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996) 85-86

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 86

FAR 52.242-13 BANKRUPTCY (JUL 1995) 86

FAR 52.243-1 CHANGES-FIXED PRICE (AUG 1987) IBR

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 87

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 87

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011) 87-88

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013) 88

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

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 88-89

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB

2019) 89-90

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (DEC 2019) 90-96

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016) 96

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021) 97-99

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022) 99-103

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991) 103

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) 103-104

DFARS 252.209-7998

REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL

VIOLATION UNDER ANY FEDERAL OR STATE LAW (MAR 2012) CLASS

DEVIATION ATTACHMENT 1 2012-O0007

OSP

DFARS 252.209-7999

REPRESENTATION REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER FEDERAL LAW (JAN 2012)

CLASS DEVIATION ATTACHMENT 1 2012-O0004

OSP

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

(DEC 2019)

DFARS 252.223-7001 HAZARD WARNING LABELS (DEC 1991) OSP

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHRONMIUM (JUN 2013) IBR

DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) IBR

DFARS 252.225-7007 PROHIBITION ON ACQUISITION OF CERTAIL ITEMS FROM COMMUNIST

CHINESE MILITARY COMPANIES (DEC 2018) IBR

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

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (MAR 2022) (DEVIATION 2020-O0019) (JUL

2020) 105-110

DFARS 252.225-7975

ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR

RECORDS (DEVIATION 2020-O0022) ATTACHMENT 2 (AUG 2020) 110

DFARS 252.225-7980

CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES

AFRICA COMMAND AREA OF RESPONSIBILITY (DEVIATION 2016-O0008)

ATTACHMENT 1 (JUN 2016)

111-122

DFARS 252.225-7993

PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2020-

O0022) ATTACHMENT 1 (AUG 2020) 122-123

DFARS 252.225-7972

PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED

AIRCRAFT SYSTEMS REPRESENTATION (DEVIATION 2020-O0015)

ATTACHMENT 2 (MAY 2020) 123

DFARS 252.229-7001 TAX RELIEF. TAX RELIEF—BASIC (APR 2020) OSP

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING

REPORTS (DEC 2018)

124-126

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 126-127

DFARS 252.239-7098

PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A

COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO

BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION

(DEVIATION 2021-O0003) ATTACHMENT 1 (APRIL 2021) 127

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 127

DFARS 252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012) 128

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENT (DOD CONTRACTS) (JAN 2021)

IBR and

DLAD 33.103 L06 AGENCY PROTESTS (DEC 2016) 129

DLAD 5452.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(JUN 2020) OSP

I1.01 DEFINITIONS (DLA ENERGY JUN 2009) 129-131

I2.03 CHANGES - FIXED-PRICE (DEVIATION) (DLA ENERGY JAN 2012) 131

I11.01-2

ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL

ITEMS (DLA ENERGY FEB 1996) 132

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

(DEVIATION) 132-133

I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003) 133

I86.03 DELIVERY-ORDER LIMITATIONS (PC&S) (DLA ENERGY JAN 2012) 134

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DLA ENERGY FEB 2009) 134-135

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (ENERGY

MAR 2000) 135

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 135

I211.02 ORDERING (CONT’D) (DLA ENERGY JAN 1991) 136

Section J- List of Attachments

THE FOLLOWING ATTACHMENTS ARE INCLUDED IN THIS SOLICITATION:

PROVISION/CLAUSE TITLE ATTACHMENT

FEMA LOCATION SCHEDULE (LINE ITEM QUANTITY AND NARRATIVE) 1

PRICING-READINESS DRILLS -TRUCK-BARGE 2

OFFEROR PAST PERFORMANCE QUESTIONNAIRE 3

CONTRACTOR PAST PERFORMANCE DATA SHEET 4

REFERENCES – PAST PERFORMANCE QUESTIONNAIRE 5

SAMPLE LETTER OF COMMITMENT AND INSTRUCTIONS 6

QUALITY ASSURANCE PROVISIONS C-QAPS - E- QAPS

AMPS REQUEST FOR ROLE GUIDE 8

PCS OET VENDOR GUIDE 9

FUEL SOURCING DATA SHEET 10

OFFEROR SUBMISSION PACKAGE - OSP

SMALL BUSINESS SUB-CONTRACTING PLAN 12

SUBCONTRACTOR DATA SHEET 13

MARCH 2023 FEMA PWS 14

LEAD & DEPARTURE TIMES 15

Section K- Representations, Certifications, and other Statements of Offerors or Respondents

PROVISION/CLAUSE TITLE PAGE

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 (NOV 2021) 137-141

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION (OCT 2020) 141

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) OSP

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

FAR 52.209-11

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016) OSP

FAR 52.212-3

OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERICIAL SERVICES (DEC

2022). Alternate I (OCT 2014) OSP

FAR 52.232-40 PROVIDING ACCELERATED PAMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021) IBR

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011) 141

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016) 142

DFARS 252.204-7016

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES—REPRESENTATION (DEC 2019) OSP

DFARS 252.204-7017

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (MAY 2021)

OSP

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE-BASIC (NOV 2014) OSP

DFARS 252.225-7050

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC

2022) 143-144

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA – BASIC (FEB 2019) 144-148

DFARS 252.247-7023

ALT I TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE I (FEB 2019) 148-152

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 152

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

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (DLA ENERGY MAY 2014) 152-153

Section L- Instructions, Conditions and Notices to Offerors or Respondents

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 154-156

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

2020) 156-157

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES ITEMS (NOV 2021) 157-170

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 170

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 170

FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (NOV

2021) ALTERNATE I (OCT1997) 170-175

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) 175

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 175-176

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) OSP

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (Mar 2022) 176-179

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

DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA – BASIC

IBR

L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 179

L2.07 EVIDENCE OF RESPONSIBILITY (DLA ENERGY JULY 2019) 179-180

L54 SITE VISIT (DLA ENERGY OCT 1992) 180

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN

THE DELIVERY OF PRODUCTS (PC&S) (DLA ENERGY JAN 2012) OSP

Section M- Evaluation Factors for Awards

FAR 52.212-2

EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) 180-195

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 195-196

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY

APR 1997) 197

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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) 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.

SEE ATTACHMENT 1 – FEMA LOCATION SCHEDULE

(End of B1.01text)

B19.19 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST,

CAMP AND STATION (PC&S) (JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

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

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

(1) Base price means—

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

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

(2) Base reference price means the reference price for an item as published on February 21, 2023. 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) used:

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Note: The C-QAPs attachment 7 has been included with this solicitation package for your convenience.

C1 SPECIFICATIONS (DLA ENERGY JAN 2012)

C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY APRIL 2020)

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

C16.15 GASOLINE, AVIATION (GRADE 100LL) (DLA ENERGY FEB 2021)

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

(ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S)

(DLA ENERGY OCT 2018)

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

ENERGY JUN 2017)

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

C40 PROPANE-BUTANE MIXTURES (PC&S) (BULK)(DLA ENERGY MAR

2018)

SECTION D – PACKAGING AND MARKING

None

SECTION E - INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

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

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

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

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

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

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

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

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

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

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

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause 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.

(End of clause)

Note: The E-QAPS Attachment 7 has been included with this solicitation package for your convenience.

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (MAR 2022)

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

(DLA ENERGY FEB 2014)

E12 POINT OF ACCEPTANCE (JUL 2015)

E18.01 SAMPLE SUBMISSION (AUG 2009)

E21.01 POINT OF INSPECTION (JUN 2015)

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY) (FEB 2022)

E35 NONCONFORMING SUPPLIES AND SERVICES (DEC 2011) (DF2, SFD, MUR)

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

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

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

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

SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

10% Percent increase

10% Percent decrease This increase or decrease shall apply to each deliver order.

(End of clause)

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

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

The "90-day" period stated in the clause may be reduced to less than 90 days.

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.247-34 F.O.B. DESTINATION (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee.