Attachment 7 - Fuel Spec Waiver_Final.pdf

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Attached to
FUEL REQUIREMENTS FOR VARIOUS LOCATIONS IN IRAQ
Solicitation number
SPE60523R0210
Issued by

About this file

This attachment to solicitation SPE605-23-R-0210 outlines fuel requirements for various locations in Iraq. The contractor must source diesel (DF2), turbine fuel aviation (JP8), and unleaded mid-grade (MUM) from Oil Products Distribution Company refineries to supply the Defense Logistics Agency Energy's requirements. The fuels must conform to specifications C16.18-2, C16.64-1, and C16.69-2 respectively. If the sourced fuel does not meet specifications, the contractor needs a waiver from the contracting officer before acceptance. It is at the contracting officer's discretion to grant waivers. If no waiver is provided, nonconforming fuel will not be accepted. However, the government will not terminate the contract if OPDC fuel caused nonconformance and a waiver was denied. The contractor bears costs for nonconforming fuel not accepted.

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Attachment 7 to SPE605-23-R-0210

Fuel Requirements for Line Items 1-4, 8, and 12-14

The Contractor must source fuel from Oil Products Distribution Company (OPDC) refineries to supply DLA Energy’s requirements under Line Items 1-4, 8, and 12-14. DF2 supplied under the contract shall conform to C16.18-2; MUM supplied under the contract shall conform to C16.69- 2; JP8 supplied under the contract shall conform to C16.64-1. However, the fuel obtained from the required OPDC refineries may not always conform to these specifications. To the extent Contractor’s delivery or deliveries of DF2, MUM, or JP8 does not conform to the required specification, the Contractor must obtain a deviation or waiver from the Contracting Officer, prior to the Government’s acceptance of the nonconforming supplies, pursuant to E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011). It is within the Contracting Officer’s discretion to grant or deny a deviation or waiver.

If the delivery of DF2, MUM, or JP8 does not meet the applicable specification and the Contracting Officer does not grant a deviation or waiver, the Government will not accept the delivery. The Government is not responsible for any costs related to any delivery not accepted due to the delivery not meeting the required specifications.

However, if

(i) the Contractor delivers DF2, MUM, or JP8 under Line Items 1-4, 8, or 12-14 using fuel sourced from an OPDC refinery,

(ii) the product does not meet the required C16.18-2, C16.69-2, or C16.64-1 specification because the fuel the Contractor obtained from the OPDC refinery does not meet the required specification, and

(iii) the Contracting Officer denies a deviation or waiver, the Government will not terminate the order or contract for cause on the basis of the DF2, MUM, or JP8 delivery not meeting the required specification. Nevertheless, the Government is not responsible for any costs related to any delivery not accepted due to the delivery not meeting the required specifications.

Note: When testing fuels to demonstrate compliance with specifications and contract requirements, the Contractor is highly encouraged to use a commercial laboratory to ensure all required tests are performed.

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