Final_Solicitation SPE605-24-R-0204_Updated Amend 4.pdf

SPE605-24-R-0204

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE605-24-R-0204 (JAPAN, POSTS, CAMPS & STATIONS (PC&S) (PP 1.8G).

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

ORDERING PERIOD: DATE OF AWARD THROUGH: 30 JUNE 2029

DELIVERY PERIOD: 48 HOURS AFTER AWARD THROUGH: 30 JULY 2029

PART: U.S. GOVERNMENT PROCUREMENTS

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

ISSUING OFFICE:

Defense Logistics Agency - Energy

ATTN: DLA-ENERGY-FEPAA

Candy Cross and Katie Richardson

8725 John J. Kingman Road, Suite 3938

Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

VARIOUS FUEL PRODUCTS DISTILLATES AND RESIDUALS FOR DEPARTMENT OF

DEFENSE AND MILITARY SERVICES IN JAPAN.

GOVERNMENT POINTS OF CONTACT FOR INFORMATION:

KATIE RICHARDSON CANDY CROSS

(703) 223 -1920 (571) 474-6137

MARY.K.RICHARDSON@DLA.MIL CANDY.CROSS@DLA.MIL

DLA Energy FEPAA

DLAENERGYFEPAA@DLA.MIL

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

RESPONSES DUE: March 11, 2024; 10:00 PM, Eastern Standard Time (EST).

ADDITIONAL INFORMATION:

SEE NOTES AND ATTACHED PAGES

mailto:MARY.K.RICHARDSON@DLA.MIL mailto:CANDY.CROSS@DLA.MIL http://www.energy.dla.mil/

JAPAN Post Camps & Stations (PC&S) Solicitation: SPE605-24-R-0204

SPECIAL INSTRUCTIONS/NOTES:

• This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued.

• The Government intends to procure the petroleum fuel products using FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the

Solicitation that will be most advantageous to the Government, with price and other factor considered (See

Evaluation criteria under SECTION M).

• This is an open continuous solicitation with successive closing dates for DLA Energy Posts, Camps and

Station (PC&S) Purchase Program 1.8G Japan requirements. The first closing date is March 11, 2024, and is for the 178 Contract Line Items Numbers (CLINs) contained in this first closing. Solicitation No. SPE605‐24‐

R-0204 has a performance period from Date of Award through June 30, 2029. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212‐

1(c)).

• The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE605‐24‐R‐0204 will remain open until May 30, 2029, 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.

• This acquisition does not require any set asides, because it is overseas.

• This solicitation incorporates provisions & clauses in effect through Federal Acquisition Circulars 2023-05

Effective 22 September 2023; Defense Federal Acquisition Regulation Supplement (DFARS): DPN 20230817

Effective 17 August 2023 Edition; DLAD current to DLAD Rev. 5 & Proc. Ltr. 2023-09 (Revised December

11. 2023).

A. Solicitation Number SPE605-24-R-0204 is hereby issued as a Request for Proposal (RFP).

B. This acquisition has 208 line items which are being solicited under Full and Open Competition. All line items in this solicitation fall under the North American Industrial Classification System (NAICS) code

324110 for Petroleum Refineries.

C. The description, quantities, location, delivery hours, equipment, etc. required for this solicitation are listed under The Schedule in Attachment A (Schedule).

D. QUESTION AND ANSWER PERIOD: To encourage maximum participation, a question-and-answer period has been established. Starting from the issue date of this solicitation to February 29, 2024, 8:00 a.m.

Eastern, Ft. Belvoir, VA local time, all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items included in Attachment (A). No further questions will be received after the above stated date and time. All questions shall be submitted to both

Mary.K.Richardson@dla.mil and DLAENERGYFEPAA@dla.mil . Questions will be consolidated and answered via official amendment(s) to the solicitation. 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.

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

ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POST, CAMP, AND

STATION (PC&S) (DLA ENERGY APRIL 2020). The base reference date is 2 October 2023. 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 on the 1st and 3rd Monday using the Previous 5-day Average of the PLATTS escalator referenced by fuel type in Attachment B:

Escalator Spreadsheet. Price changes are not based on product cost or vendor profit margin. After award

DLA Energy will provide updated contract prices daily under “Vendor Resources/Price Adjustments” on the DLA Energy homepage at www.energy.dla.mil

F. ESCALATORS: The escalator identified on each line item within the schedule (also listed by fuel type in

Attachment B: Escalator Spreadsheet) shall be the only escalator accepted for pricing evaluation. Any proposal for an alternate escalator shall not be accepted.

G. CLOSING DATE: March 11, 2024; 10:00 PM, Eastern Standard Time (EST).

H. PROPOSAL SUBMISSION: Offer Prices shall be submitted through the Post 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

2. Please use the attached instruction titled, “AMPS Snapshot: User Registration- External Users,” 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.

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

5. 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.”

mailto:Mary.K.Richardson@dla.mil mailto:DLAENERGYFEPAA@dla.mil http://www.energy.dla.mil/ https://amps.dla.mil/

6. 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.

7. In the event of technical issues on the part of OET that prevent an offeror to successfully entry offer data on OET, the offeror must immediately notify both Government’s Points of Contact via email to

CANDY.CROSS@DLA.MIL and MARY.K.RICHARDSON@DLA.MIL to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data thru OET upon its return to the fully functioning state.

All proposal documentation, to include the Offeror Submission Package (OSP), shall be sent via email to

DLAENERGYFEPAA@DLA.MIL and MARY.K.RICHARDSON@DLA.MIL

I. TAX AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any foreign taxes. Offerors are expected to know the relevant business procedures for fuel delivery in Japan. The winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance. Offer prices should be a unit price per U.S. gallon and in U.S.

currency. Changes or mistake in bids after award may not be accepted. Offer price should be a unit price per gallon.

J. LATE OFFERS: Please note that offers must be received by 11 March 2024, 10:00 PM Eastern Standard

Time (EST). Any offer received after 11 March 2024 10:00 PM Eastern Standard Time (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 (SEPT 2023).

K. AWARD WTHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEPT 2023).

L. CONTRACT TYPE: The fuel requirements issued under this solicitation are for the remainder of the current contract cycle. Contracts awarded as a result of this solicitation will be a REQUIREMENTS TYPE

CONTRACT, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS. Please refer to FAR 52.216-

1, TYPE OF CONTRACT (APR 1984) and FAR 52.216-21 REQUIREMENTS (OCT 1995).

M. EVALUATION: 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. (PLEASE REFER TO SECTION M - FAR

52.212-2 EVALUATION – COMMERCIAL ITEMS).

N. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be Date of Award through 30 June 2029. Quantities stated in the SCHEDULE represent the Government’s best estimates covering a five (5) year requirement.

mailto:Candy.CROSS@dla.mil mailto:MARY.K.RICHARDSON@DLA.MIL

O. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (SEPT 2023), Offerors agree to honor prices indicated in their Offeror Submission Packages for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

P. SYSTEM FOR AWARD MANAGEMENT (SAM): SAM registration is required prior to time offers are submitted. FAR provision 52.212-3, Offeror Representations and Certifications – Commercial Items (SEPT

2023) applies to this acquisition. Offerors shall complete this provision in (SAM). 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: https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828

Q. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE or NATO COMMERCIAL AND

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

R. Unique Entity IDs (UEI) Please include your company’s Unique Entity IDs (UEI) Number in your offer submission letter.

S. SITE VISITS: You are directed to Clause L54, SITE VISIT, please note that it is the responsibility of the

Offeror to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. DLA Energy encourages all potential Offerors to call or visit the sites in which they intend to submit an offer.

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.

T. 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.

U. OFFEROR SUBMISSION PACKAGE: All offerors are required to complete and submit all forms provided in the Offeror Submission Package (OSP).

V. PRE-AWARD SURVEYS: DLA Energy may conduct pre-award surveys to assist in determining responsibility regarding the offeror’s transportation, technical, production, financial and quality assurance capabilities. Certificates of Analysis may be required upon request and/or when a Pre-Award Survey is requested.

https://www.acquisition.gov/

W. Please reference FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (SEPT 2023), for additional FAR clauses applicable to the acquisition. All provisions and clauses referenced in this solicitation will be incorporated with any offer received, unless an offeror takes exception. Offerors should send any exceptions taken with their proposal on company letterhead, 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 offer is within the competitive range but exception is not acceptable to the Government, the offeror will be advised during negotiations and given an opportunity to withdraw their offer or accept the RFP terms and conditions.

POINTS OF CONTACT:

Emergency Situations after Duty Hours OPERATIONS CENTER, CONTINGENCY PLANS AND OPERATION

DIVISION (571) 767-8420

Information Regarding Solicitation SPE605-24-R-0204

Points of contact for information regarding this solicitation are:

KATIE RICHARDSON CANDY CROSS

(703) 223 -1920 (571) 474-61379

MARY.K.RICHARDSON@DLA.MIL CANDY.CROSS@DLA.MIL

mailto:CANDY.CROSS@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:

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

b. Wide Area Workflow (WAWF) at https://wawf.eb.mil/ (which includes MyInvoice)

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

REGISTRATION IN THESE SYSTEMS IS REQUIRED BY THE OFFER SUBMISSION DUE DATE AND TIME.

(2) All offers must comply with the instructions in FAR 52.212-1(b). Additionally:

a. All Offers must submit SUPPLY COMMITMENT LETTER(S).

b. All Offers utilizing subcontracted transportation; must submit all applicable TRANSPORTATION

AGREEMENTS.

c. 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 do not include any foreign taxes. 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 SPE605-24-R-0204

(4) The following clauses are included in full text in this solicitation and the OSP and/or are incorporated by reference into this Solicitation. In addition, supplemental DLA Energy text are included within the Solicitation.

PLEASE SIGN AND DATE ACKNOWLEDGING YOU HAVE READ AND UNDERSTOOD THESE ADDITIONAL

POINTS OF INFORMATION UNDER THE SOLICTATION

https://www.sam.gov/ https://wawf.eb.mil/ https://www.dibbs.bsm.dla.mil/

Table of Contents

SECTION A: SEE ATTACHMENT A_SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B19.19 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE_POST, CAMP AND STATION (PC&S) (JAPAN)

(JUNE 2017)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SECTION D: NOT APPLICABLE

SECTION E: INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 Variation in Quantity (Apr 1984)

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

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

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

WAGONS (DLA ENERGY JAN 2012)

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)

F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL UP (DLA ENERGY JAN

2004) 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) (DLA ENERGY APR 2005) . 25

F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

F16 BARGE UNLOADING CONDITIONS (DLA ENERGY JAN 2012)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009)

F30.01 ORDERING AN DPAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APRIL 1998)

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

F98 DELIVERY CONDITIONS FOR ALL GRADES OF MOTOR GASOLINE AND AVIATION FUELS (DLA

ENERGY OCT 1992)

SECTION G: CONTRACT ADMINISTRATION DATA

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

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC

2018)

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information. (Jul 2013)

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

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

G9.07-5 ELETRONIC TRANSFER OF FUNDS PAYMENTS-FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2017)

G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DLA ENERGY JAN 2012)

G150.07-02 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY JAN 2012)

SECTION H SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

PROVISION/CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial

Products and Commercial Services (SEPT 2023)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

FAR 52.223-5 Pollution Prevention and Right to Know Information (May 2011)

FAR 52.225-13 R estrictions on Certain Foreign Purchases (Feb 2021)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.247-34 F.o.b. Destination (Nov 1991)

FAR 52.253-1 Computer Generated Forms (Jan 1991)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022)

DFARS 252.203-7003 Agency Office of the Inspector General (Aug 2019)

DFARS 252-203-7005 Representation Relating to Compensation of Former DOD Officials (Sep 2022)

DFARS 252.204-7000 Disclosure of Information (Oct 2016)

DFARS 252.204-7004 Level Antiterrorism Awareness Training for Contractors (Jan 2023)

DFARS 52.212 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for litigation Support (Jan 2023)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation (Dec 2019)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -

Representation (May 2021)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

Basic (Jan 2023) 44

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

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (Jan 2023)

DFARS 252.204-7022 Expediting Contract Closeout (MAY 2021)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (June 2023)

DFARS 252.211-7003 Item Unique Identification and Valuation (Jan 2023)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023)

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)

DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991)

DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2022)

DFARS 252.244-7000 Subcontracts for Commercial Items (Jan 2023)

DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (Jan 2023)

PROVISION/CLAUSES INCORPORATED BY FULL TEXT 52.204-18

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

FAR 52.203-2 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FDERAL

TRANSACTIONS (SEPT 2007)

FAR 52.204-13 System for Award Management Maintenance. (Oct 2018)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities. (Nov 2021)

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial

Products and Commercial Services (SEPT 2023)

FAR 52.214-34 Submission of Offers in ENGLISH LANGUAGE (Apr 1991)

FAR 52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997)

FAR 52.216-18 Ordering. (Aug 2020)

FAR 52.216-19 Order Limitations. (Oct 1995)

FAR 52.216-21 Requirements. (Oct 1995)

FAR 52.222-29 VISA DENIAL (APRIL 2015)

FAR 52.229-6 TAXES—FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

FAR 52.229-11 TAX ON CERTAIN FORIEGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUNE 2020)

FAR 52.252-2 CLAUSES INCORPATED BY REFERENCE (FEB 1998)

DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (JAN 2023)

DFARS 252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION

SUPPORT CONTRACTORS (JAN 2023)

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)

DFARS 252.225-7013 Duty-Free Entry. (Dec 2022)

DFARS 252.225-7017 Photovoltaic Devices (Dec 2022)

DFARS 252.225-7021 Trade Agreements. BASIC (JAN 2023)

DFARS 252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate. (Dec 2022) ... 91

DFARS 252.225-7036 Buy American—Free Trade Agreements--Balance of Payments Program. ( JAN 2023)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (Jan 2023)

DFARS 252.225-7966 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—Representation

(Deviation 2024-O0006, Revision 1) (MAR 2024)

DFARS 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024- O0006, Revision

1),(FEB 2024)

DFARS 252.232-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND

TUNGSTEN, (OVERSEAS) (JUN 1997)

DFARS 252.246-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

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

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

DLAD 52.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR). (JUN 2020)

I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY

FEB 1996) 108

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009)

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 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 52.204-26 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 52.209-5 INFORMATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

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

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. (SEPT 2023)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY

2014) 141

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (SEPT 2023)

FAR 52.233-2 Service of Protest. (Sep 2006)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

DFAR 252.215-7008 Only One Offer. (DEC 2022)

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

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

L2.07 Evidence of Responsibility (DLA Energy July 2019)

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

L54 SITE VISIT (DLA ENERGY OCT 1992)

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

FAR 52.212-2 -- EVALUATION -- COMMERCIAL ITEMS (Nov 2021)

M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION A: SEE ATTACHMENT A_SCHEDULE

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B19.19 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE_POST, CAMP AND

STATION (PC&S) (JAPAN) (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 in accordance with the wording of this contract text.

(b) Definitions. As used throughout this contract text, the term—

(1) Base unit price means the unit price set forth opposite the item in Section B of the Schedule.

(2) Market price means a price determined by an independent trade association, governmental body, or other third party and reported or made available in a consistent manner in a publication, electronic data base, or other form.

This price may be either a single market price or a combination of market prices for price adjustment for individual items by product, market area, and publication as specified in the Table in (g) below. For purposes of this procurement, the market price is the average of the prices published in Platt's Oilgram Price Report. The applicable market price is identified by product following the Table in (g) below.

(i) Base market price means the price as shown in column IV of the Table in (g) below and is the market price from which economic price adjustments are calculated pursuant to this contract text.

(ii) Adjusting market price means the market price in effect on the date of delivery and that will be used to determine the change in market price as defined in (c)(1) below.

(3) Date of delivery is defined as follows:

(i) For free on board (f.o.b.) destination truck deliveries. The date product is received, on a truck-by-truck basis.

(ii) For all other types of deliveries. The date and time product commences moving past the specified f.o.b.

point.

(c) Adjustments. For products delivered by barge or tanker, the Contractor shall notify the Contracting Officer of any delivery and associated change in the adjusting market price within 15 days from the date thereof. For products delivered via other modes (TT, TW, etc.), price adjustments shall be semimonthly and shall occur on the first and third Monday of each month. No increase in a contract unit price for barge or tanker deliveries shall be executed pursuant to this text until the increase in the applicable adjusting market price has been verified by the Contracting

Officer.

(1) Subject to the texts of this contract text, the prices payable hereunder shall be determined by adding to the base unit price the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, subsequent to the date on which the base market price is established (see column IV of the Table). The prices payable shall be issued through semimonthly contract notifications effective the first and third Monday of each month.

(2) 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.

(3) All arithmetical calculations, including the final adjusted unit price, shall be rounded to four decimal places.

(4) Failure to deliver. Notwithstanding any other texts 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.

(5) 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 base unit price in any applicable program year (whether 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 texts 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 market 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.

(6) Revision of market price indicator. In the event—

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

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails 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 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.

(d) Conversion factors. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule.

(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 to the texts of this contract text.

(f) 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.

(g) Table.

Product Publication

Publication

Codes

Base Reference

Date

Base Reference Price

(US $ per USG)

FUEL

OIL,BURNER

(FJ1)

Platts Japan Gasoil .001%S (10ppm)

FOB Spore Cargo #AAOVC00

1ST & 3RD Monday

PPWSPG113M

10/2/2023 $ 3.0085 per USG

FUEL

OIL,BURNER

(FJ3)

Platts Jet Kero C+F Japan Cargo

#PJAAN00

1ST & 3RD Monday

PPWJPJK13

10/2/2023 $2.9351 per USG

KEROSENE

(KJ1)

PLATTS JAPAN JET

PPWJPJK13

10/2/2023 $ 2.9351 per USG

MUR

Platts Gasoline Unl 91-92 C+F Japan

Cargo #PGACW00

PPWJPU13M

10/2/2023

$2.4952 per USG

MUP

Platts Gasoline Unl 91-92 C+F Japan

Cargo #PGACW00

PPWJPU13M

10/2/2023

$2.4952 per USG

SEE ATTACHMENT B- “Government Escalators” for price escalators for each line item.

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

SEE ATTACHMENT G “SECTION C FUEL SPECIFICATIONS”

SECTION D: NOT APPLICABLE

SECTION E: INSPECTION AND ACCEPTANCE

SEE ATTACHMENT H “SECTION E CONTRACT TEXTS”

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 DELIVERY ORDER ISSUED UNDER THE CONTRACT.

FAR 52.211-17 DELIVERY OF EXCESS QUANTITES (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 52.247-34 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. If motor carrier (including

"piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for

"heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading

(including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall -

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

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

TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012)

IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts.

(a) F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b.

transport truck, truck and trailer, or tank wagon—

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(b) F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon--

(1) Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer are the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified.

(3) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(4) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(5) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(6) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility—

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

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

2012)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees

Celsius).

(ii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weigh, using calibrated scales at the receiving location; or

(3) Receiving tank measurements.

(B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees

Celsius).

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b. destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference:

(1) Calibrated meter on the receiving tank system

(2) Calibrated meter on the conveyance

(3) Weight using calibrated scales at the receiving location.

(4) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured.

(5) Receipt tank measurements (as identified in the Schedule).

(B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The

Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock

B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the

B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100.

(2) F.O.B. ORIGIN. All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at

15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the

Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Certified loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity tables for the rail tank car.

(iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of--

(1) Calibrated loading rack meter;

(2) Weight, using calibrated scales; or

(3) Certified capacity tables of the conveyance loaded.

(B) WATER BOTTOMS.

(1) Every delivery must be free of all water bottoms prior to discharge; and

(2) The Contractor is responsible for their removal and disposal.

(b) MEASUREMENT RESTRICTIONS. All methods of measurements described in this contract text are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS).

Outside the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibration standards. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for

Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine and the 2004 version of the standard will be the referee method.

(i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A;

or Volume IV, Tables 23A and 24A.

(ii) For lubricating oils, use Volume XIII, Tables 5D and 6D; Volume XIV, Tables 53D and 54D; or

Tables 23D and 24D (2004 version).

(iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VII, Tables 53B and

54B; or Volume V, Tables 23B and 24B.

(iv) For chemicals/additives, use Volume III, Table 6C (or Volume IX, Table 54C) or volume correct in accordance with the product specification.

(v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000.

Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(vi) As an option to (c)(1)(v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract.

Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(vii) If the original measurement is by weight and quantity is required by U.S. gallons, then--

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII of the adjunct to ASTM D 1250, Table 58, shall be used to convert metric tons to

U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which, as a minimum, contains--

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) Due date for next calibration;

(v) Name and signature of the person performing the calibration;

(vi) Traceability to master meter/prover used for calibration; and

(vii) Calibration report number.

Each meter shall be marked with the date…