COMBINED SYNOPSIS TURKEY -1.8K.pdf

COMBINED SYNOPSIS/SOLICITATION

ISSUED OCTOBER 17, 2024

Part: U.S. Government Procurements

Subpart: Supplies, Equipment, and Materials

Class Code: 91 – Fuels, Lubricants, Oils and Waxes

Address of Contracting Office: Defense Logistics Agency, 8725 John J. Kingman Road, Suite 4950, Ft. Belvoir, Virginia 22060- 6222, United States of America

Subject: Post, Camps & Stations Fueling Requirement for Turkey 1.8K

Solicitation Number: SPE605-24-R-0216

Reponses Due: November 18, 2024, at 3:00 P.M. Eastern Standard Time (Ft. Belvoir, VA)

Points of Contact: John Stanislaus, email: john.stanislaus@dla.mil phone: 571-363-8674

Contracting Officer Point of Contact: Georgia Dotson, e-mail: georgia.dotson@dla.mil Phone: 703-338-0278

Web Address: http://www.energy.dla.mil

Description of Requirement: This is a solicitation for commercial item(s) prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, as supplemented by additional information included in this notice. This announcement constitutes the only solicitation being issued. Proposals are requested under Request for Proposals (RFP) SPE605-24-R-0216. This combined synopsis/solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular (FAC) 2024-07 effective as of September 30, 2024, Defense Federal Acquisition Regulation Supplement (DFARS) change date October 1, 2024, Defense Logistics Agency Directive (DLAD) change number 2024-0625 dated June 25, 2024, with the same force and effect as if they were given in full text. The full text of the referenced clause and provision in this solicitation may be accessed electronically at https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and https://www.dla.mil/Acquisition/Policy-and- Directives/#98025. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer. This acquisition is unrestricted.

SPECIAL NOTES:

1. The Government contemplates award(s) of a Fixed Price Requirements Contract with Economic Price Adjustment resulting from this combined solicitation/synopsis. The performance period for this requirement is April 1, 2025 – 31 March 2028. There is a six-month extension (option) which is not included in the performance period. DLA Energy may conduct pre-award surveys to determine responsibility regarding the offeror’s transportation, technical, production, and quality assurance capabilities.

2. Tax note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

3. Any violation of the Iran Sanctions Act and Russia Sanctions is strictly forbidden. Contractor SHALL not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024), 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS— REPRESENTATION (DEVIATION 2024-O0006) AND 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (DEVIATION 2024-O0006) by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under the Iran Sanctions Act and Russia Sanctions.

4. Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either mailto:john.stanislaus@dla.mil mailto:georgia.dotson@dla.mil http://www.energy.dla.mil/

SPE60524R0216

Turkey PC&S P.P. 18K accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

5. Evaluation: Award for this requirement will be made to the lowest-priced and technically acceptable offeror. The Government will evaluate prices by multiplying the unit prices by the estimated quantities. The vendor with the lowest priced and technically acceptable offer will be awarded the contract. See FAR 52.212-2, Evaluation –Commercial Products and Commercial Services (Nov 2021) for details.

6. Proposals must be received no later than 3:00 PM local time (Ft. Belvoir, VA) on November 18, 2024. Please submit offers via email to john.stanislaus@dla.mil and Georgia.dotson@dla.mil When submitting offers, please note the RFP number SPE605-24- R-0216 in the subject line of the email. Offerors submitting emails over 10MB, may not be delivered because of server restriction on email size for delivery. Please separate the email(s) into small units and number the emails like this: SPE605-24-R-0216 1of 2;

SPE605-24-R-0216 2 of 2 (however many emails that are required to submit the offer).

7. Offerors must submit pricing (U.S. dollars) per U.S. gallon format: Example:($0.000000/USG).

8. This is an open continuous solicitation with successive closing dates. The first closing date is November 18, 2024, at 3:00 PM Fort Belvoir, VA time and is for the 10 Line Items contained in this first closing. Solicitation SPE60524R0216 has a performance period of April 1, 2025, through March 31, 2028.

The Government may receive new requirements throughout the performance period. Therefore, solicitation SPE605-24-R-0216 will remain open until August 30, 2028, 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.

9. Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email to John.Stanislaus@dla.mil and Georgia.Dotson@dla.mil No Later Than: November 7, 2024, at 3:00 PM Fort Belvoir, VA time.

All responses to questions, which may affect offers, will be consolidated and answered via an official Question and Answer (Q&A) amendment to the solicitation.

10. Offerors shall be registered in SAM at the time of offer submission to be considered for award. Offerors to ensure registration in DIBBS (DLA internet bid board system) and WAWF/IRAPT (wide area workflow), if offeror is awarded.

11. The provision at FAR 52.212-1, Instruction to Offerors – Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and is incorporated herein by reference.

12. The provision at FAR 52.212-2, Evaluation –Commercial Products and Commercial Services (Nov 2021) and related addenda applies to this acquisition. See FAR 52.212-2 under Full Text Clause Section.

13. The provision at FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024), applies to this acquisition. Offerors must include a completed copy of this provision from System for Award Management (SAM) with its offer.

14. The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) applies to this acquisition.

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

16. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (May 2024) is applicable to this procurement and incorporated by reference.

Regarding clauses to be selected in FAR 52.212-5, the following clauses from paragraph (b) are selected and also incorporated by mailto:john.stanislaus@dla.mil mailto:Georgia.dotson@dla.mil mailto:John.Stanislaus@dla.mil mailto:Georgia.Dotson@dla.mil reference: FAR 52.203-6, 52.203-13, 52.203-15, 52.204-10, 52.204-27, 52.209-6, 52.209-9, 52.222-19, 52.222-50, 52.223-18, 52.225-13, 52.225-26, 52.229-12, and 52.232-33.

17. The FAR and DFARS clauses identified below are applicable to the acquisition and are incorporated by reference.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

eCFR :: 48 CFR Chapter 1 -- Federal Acquisition Regulation (FAR) DPC | Defense Acquisition Regulations System | DFARS/PGI (osd.mil) Policy and Directives (dla.mil)

CLAUSE

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services Sep 2023 FAR 52.212-4 Contract Terms & Conditions–Commercial Products and Commercial Services Nov 2023 FAR 52.212-5 Contract Terms & Condition Required to Implement Statues or Executive

Order Commercial Products and Commercial Services Dec 2023

FAR 52.203-2 Certificate Of Independent Price Determination Apr 1985 FAR 52.203-3 Gratuities Apr 1984 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 FAR 52.204-7 System for Award management Oct 2018 FAR 52.204-13 System For Award Management Maintenance Oct 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 FAR 52.204-20 Predecessor of Offeror Aug 2020 FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems Nov 2021 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

Nov 2021

FAR 52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018 FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018 FAR 52.214-34 Submission of Offers in the English Apr 1991 Apr 1991 FAR 52.216-2 Economic Price Adjustment Standard Supplies Nov 2021 FAR 52.216-19 Order Limitations Oct 1995 FAR 52.216-21 Requirements Oct 1995 FAR 52.223-3 Hazardous Material Identification and Material Safety Data Feb 2021 FAR 52.229-6 Taxes Foreign Fixed-Price Contracts Feb 2013 FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation Jun 2020 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.233-1 Disputes May 2014 FAR 52.233-2 Service Of Protest Sep 2006 FAR52.233-3 Protest After Award Aug 1996 FAR52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 FAR 52.242-13 Bankruptcy Jul 1995 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

FAR 52.246-1 Contractor Inspection Requirements Apr 1984 FAR 52.246.2 Inspection of Supplies – Fixed Price Aug 1996 FAR 52.247-34 F.O.B Destination Nov 1991 FAR 52.252-6 Authorized Deviations in Clauses Nov 2020 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirements to Inform Employees of Whistle Blower 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 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023 DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Oct 2016 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting –

(DEVIATION 2024-O0013)

May 2024

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support Jan 2023 DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services Jan 2023

DFARS 252.204-7019 NISTSP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023 DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders Jun 2023 DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government Dec 2022 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 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors Jan 2023 DFARS 252.225-7021 Trade Agreements Feb 2024 DFARS 252.225-7041 Correspondence in English Jun 1997 DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a

State Sponsor of Terrorism Dec 2022

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime May 2022 DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023 DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy (DEVIATION 2024-O0003) Dec 2023 DFARS 252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations—

Representation (Deviation 2024-O0006) Feb 2024

DFARS 252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

Feb 2024

DFARS 252.229-7001 Tax Relief Apr 2020 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 DFARS 252.232-7008 Assignment Of Claims (Overseas) Jun 1997 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.233-7001 Choices of Law (Overseas) Jun 1997 DFARS 252.243-7002 Requests for Equitable Adjustment Dec 2022 DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services Nov 2023 DFARS 252.246-7004 Safety of Facilities, infrastructure/Equipment for military operations Oct 2010 DFARS 252.247-7003 Pass-through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer Jan 2023 DFARS 252.247-7023 Transportation of Supplies by Sea Jan 2023

18. The following clauses apply and are incorporated by reference into the solicitation. See Attachment - 3 for the full text of these clauses:

DLA ENERGY QAP E1 CONTRACTOR INSPECTION RESPONSIBILITES APR 2024

DLA ENERGY QAP C16.25-3 FUEL SPECIFICATIONS (PC&S) (TURKEY) (DLA ENERGY JUL 2024) DLA ENERGY QAP C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE) (DLA ENERGY JUN 2017)

DLA ENERGY QAP E12 POINT OF ACCEPTANCE JUL 2015

DLA ENERGY QAP E18.01 SAMPLE SUBMISSION AUG 2009

DLA ENERGY QAP E21.01 POINT OF INSPECTION JUN 2015

DLA ENERGY QAP E22 INSPECTION OFFICES FEB 2022

DLA ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES DEC 2011

DLA ENERGY QAP E37 SOURCE RESTRICTION AND SOURCE INSPECTION DEC 2011

DLA ENERGY QAP E40.01 MATERIAL INSPECTION AND RECEIVING REPORT JUL 2014

THIS ANNOUNCEMENT INCLUDES THE FOLLOWING ATTACHMENTS:

Attachment 1 - Price Data Sheet Attachment 2 – Letter of Commitment Attachment 3 - Quality Assurance Provisions C-QAPS & E-QAPS Attachment 4 – Offeror Submission Package Attachment 5 – Fuel Source Data Sheet

19. Offerors shall provide on company letterhead agreement statement to all terms and conditions set forth in solicitation SPE605-24-0216 and name, title and contact information of person(s) authorized to sign offer and negotiate with the Government in connection with this solicitation under FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Sep 2023).

20. The Government contemplates award(s) of a Fixed Price Requirements Contract with Economic Price Adjustment.

(i) Proposals are requested under Request for Proposals (RFP) SPE605-24- R-0216 for items listed under B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012). All offerors must thoroughly review the RFP and any attachments prior to submission of their offer.

This requirement has a performance period of three (3) years, April 1, 2025 – 31 March 2028. Delivery is FOB Destination. Offerors are advised that the Government reserves the right to award multiple contracts under this request for proposals. Under this contract, each line item will be evaluated separately.

(ii) This acquisition is unrestricted under NAICS Code: 324110(v),(vi)(vii) for a list of item numbers, quantities, units of measure, description of requirements, and FOB point, see B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) below:

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (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 contract provision.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as 3-year requirement.

Line Item

National Stock Number

Product Description

Applicable

C-QAP

Estimated Quantity (US Gallons)

Unit Price (US Dollars)

Total Price (US Dollars)

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 21,000

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 7,800

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 1,200

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 3,600

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 78,000

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 850,000

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 500,000

9130-01-527-

Gasoline, Automotive

(UG6) C16.67-1 2,400

9130-01-527-

Gasoline, Automotive

(UG6) C16.67-1 600,000

9130-01-527-

Gasoline, Automotive

(UG6) C16.67-1 18,000

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

(a) WARRANTIES. The Contractor warrants that--

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

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

Schedule.

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

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means—

FOR TANKER OR BARGE DELIVERIES.

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

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

(i) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is—

[ ] (i) the low price published in (Name of publication)

[X] (ii) The average of the prices published in PLATTS_OILGRAM

[ ] (iii) The established price posted by and (Name of company) published in

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15-day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless http://www.desc.dla.mil/ the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 350 percent of the award price, except as provided hereafter:

(1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision 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 appropriate explanation and documentation as required by the Contracting Officer.

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

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

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

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted.

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

(i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.

(j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

(k) TABLE.

I II III IV V VI VII

Item No.

(listed items)

Name of company/ publication (identify by number from (c)(2) above)

If company -name of product.

If publication -heading under which reference price is published and name of product

Location where reference price is applicable

Method of delivery applicable to the reference price

Reference price as of

05 AUGUST

(Exclude all taxes)

Maximum payable under this contract (includes any tax included in the award price)

0001 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0002 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0003 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0004 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0005 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0006 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0007 AAWYY00

ULSD 10ppmS

FOB Med Cargo Previous

Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.435224 See Paragraph (f) above

0008 AAWZA00

Gasoline Prem

Unleaded 10ppmS FOB Med Cargo

Gasoline Automotive

EG (ULG)

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.339792 See Paragraph (f) above

Previous Monthly Average

0009 AAWZA00

Gasoline Prem

Unleaded 10ppmS FOB Med Cargo

Previous Monthly Average

Gasoline Automotive

EG (ULG)

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.339792 See Paragraph (f) above

0010 AAWZA00

Gasoline Prem

Unleaded 10ppmS FOB Med Cargo

Previous Monthly Average

Gasoline Automotive

EG (ULG)

Turkey TTWP – Tank Truck w/ Pump & Meter

$2.339792 See Paragraph (f) above

NOTE:

* Prices will adjust monthly based on previous month’s average with the above referenced publication. All posted prices are in US dollars per metric ton and will be converted (Metric to Imperial) to US dollars per gallon by dividing by the following factors:

ULSD (All) – 315.30

Premium Gasoline – 355.42

Diesel (All) - 323.17

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)

(a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.204-26 – COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered tele-communications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-4#FAR_4_2303 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4713&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security;

involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or…