SPE60525R0202.pdf

COMBINED SYNOPSIS/SOLICATION

SPE60525R0202

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This combined synopsis/solicitation No. SPE60525R0202 is issued as a request for proposal (RFP). Submit written offers only, oral offers will not be accepted.

3. This combined synopsis/solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular (FAC) 2025-01 effective as of November 12, 2024, Defense Federal Acquisition Regulation Supplement (DFARS) change date November 25, 2024, Defense Logistics Agency Directive (DLAD) September 6, 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.

4. This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard

(NAICS): 324110 Small Business Size Standard: 1500 employees or refining no more than 200,000 barrels per calendar day.

5. Period of Performance: May 1, 2025, through April 30, 2028. Delivery shall be FOB destination;(See

Attachment A - Line-Item Narrative).

6. In accordance with FAR 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Fixed- Priced, Requirements contract with Economic Price Adjustment (EPA) contract resulting from this solicitation.

7. The period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. Offer price should include all cost arising from performance of the contract. Offerors must submit pricing in Unit per US Gallon.

format.

8. Offerors may not include in their prices or proposed charges any foreign taxes. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. For any tax exemptions that may apply due to the nature of the acquisition being to supply the United States Government, the winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

The Government reserves the right to conduct a price realism analysis. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy may review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

9. Defense Priorities and Allocations System (DPAS) and assigned rating: DO

10. Offers are due: January 31, 2025, at 3:00 PM Fort Belvoir, VA time. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). All amendments to this combined synopsis/solicitation must be signed and uploaded to OET. Please see Attachment F – PCS OET Vendor Guide.

NOTE: This is an open continuous solicitation with successive closing dates. The first closing date is January 31, 2025, at 3:00 PM Fort Belvoir, VA time and is for SPE60525R0202 for the 4 Line Items contained in this first closing. Solicitation SPE60525R0202 has a performance period of Date of Award through April 30, 2028.

The Government anticipates receiving new requirements throughout the performance period. Therefore, solicitation SPE60525R0202 will remain open until April 30, 2027, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

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

11. Telephonic (oral) questions Will Not be addressed. Offerors may submit questions in writing, via email address:

Greece2025@dla.mil to:

Shaine Chung, Contract Specialist Bernice Doctor-Smith, Contract Specialist John Parson, Contracting Officer

Due no later than: January 3, 2025, 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.

12. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023), applies to this acquisition and is incorporated herein by reference.

13. The provision at FAR 52.212-2 Evaluation-Commercial Items (Nov 2021) and related addenda applies to this acquisition. See FAR 52.212-2 under Full Text Clause Section.

14. The clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (May 2024), applies to this acquisition. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

15. The clause FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023), applies to this acquisition.

16. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items (Nov 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 reference: FAR 52.203-6, 52.203-13, 52.204-10, 52.204-23, 52.204-27, 52.209-6, 52.209-9, 52.209-10, 52.222-19, 52.222-50, 52.225-13, 52.226-8, 52.229-12, 52.232-33, and 52.232-40.

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 REFRENCE (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):

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.

FAR 52.252-2 CLAUSES INCORPORATED BY REFRENCE (Feb 1998) This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): 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.

CLAUSE OR PROVISION

FAR 52.203-2 Certificate of Independent Price Determination Apr 1985

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 Nov 2024

FAR 52.203-3 Gratuities Apr 1984 mailto:Greece2025@dla.mil https://www.acquisition.gov/far/part-52#FAR_52_212_1 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 https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 FAR 52.204-7 System for Award management Nov 2024 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 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 FAR 52.204-20 Predecessor of Offeror Aug 2020 FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems Nov 2021

FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Nov 2021

FAR 52.204-27 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 52.216-19 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 FAR 52.233-3 Protest After Award Aug 1996 FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 FAR 52.242-13 Bankruptcy Jul 1995 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 Jan 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 May 2024

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 Basic 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 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 252.204-7022 Expediting Contract Closeout May 2021 DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System Mar 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 252.223-7001 Hazard Warning Labels Dec 1991 DFARS 252.223-7008 Prohibition of Hexavalent Chromium Jan 2023 DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC Nov 2014 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 252.225-7966

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 252.225-7975

Additional Access to Contractor and Subcontractor Records (DEVIATION 2024-O0003) Dec 2023

DFARS 252.225-7980

Contractor Performing in the United States Africa Command Area of Responsibility (DEVATION 2016-O0008) Jun 2016

DFARS 252.225-7993

Prohibition on Providing Funds to the Enemy (DEVIATION 2024- O0003) Dec 2023

DFARS 252.229-7001 Tax Relief Apr 2020 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018 DFARS 252.232-7006 Wide Area Workflow Payment Instructions Jan 2023 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 252.243-7001 Pricing of Contract Modifications Dec 1991 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 Oct 2024

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

DLA ENERGY QAP C16.38-2 FUEL OIL, BURNER No. 2 S5000 JUN 2021

DLA ENERGY QAP C16.64-1 TURBINE FUEL, AVIATION (JP8) OCT 2022

(INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN/WEST)

(WESTPAC) (ATL/EUR/MED) (PC&S)

DLA ENERGY QAP C16.67-1 GASOLINE FUEL SPECIFICATIONS (PC&S) (EUROPE) JUN 2017

DLA ENERGY QAP C16.67-2 DIESEL FUEL SPECIFICATION (SFD) (PC&S) NOV 2018

(EUROPE) (MID EAST)

DLA ENERGY QAP E1 CONTRACTOR INSPECTION RESPONSIBILITIES APR 2024

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 JULY 2014

(MIRR)/WIDE AREA WORKFLOW (WAWF) ENERGY RECEIVING

REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL)

18. The following FAR, DFARS, and DLAD clauses cited are applicable to the acquisition and are incorporated by full text.

SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (DLA INTERNET BID BOARD SYSTEM (DIBBS))

APPLICATION) (DLA ENERGY JAN 2024) (TAILORED)

(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 text.

(b) In an emergency, oral orders may be issued but must be confirmed in writing via Enterprise External Business Portal (EEBP) generated order within 48 hours or two business day. See the DLA INTERNET BID BOARD SYSTEM (DIBBS) INTERNET APPLICATION contract text F1.11.

(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 _3.25 _-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

The following is a description of requirements for the items/supplies to be acquired:

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 text; and

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

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

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

(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--

(i) 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;

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

(iii) 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)

Line Item National Stock Number Product Description Estimated Quantity (US Gallons)

0001 9130-015275763 GASOLINE,

AUTOMOTIVE

(ULG)

195,000

0002 9130-015275763 GASOLINE,

AUTOMOTIVE

(ULG

120,000

0003 9130-010315816 TURBINE FUEL,

AVIATION

(JP8)

219,000

0004 9140-015569156 DIESEL FUEL

(SFD)

120,000

Total Estimated Quantity 654,000

[ ] (ii) The average of the prices published in ______________________________ (name of publication)

[X] (iii) The established price posted by: _See Base Reference Table Below ________________________________ and (name of company) published in __ See Base Reference Table Below_____________________ (name of publication)

(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 text 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 https://www.dibbs.bsm.dla.mil.

(e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of 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.

http://www.platts.com/ https://www.dibbs.bsm.dla.mil/

(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 contract texts 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 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 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 text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract text, 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 wording of this contract text.

(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 text.

(k) TABLE.

**** Base Reference Table Below ****

I II III IV V VI VII

Name of If company - Reference Maximum price company/ name of product; Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable __________ (includes any Item No. by number which reference Location where to the (date) tax included (listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes p rice .

PRODUCT

TYPE

LOCATION WHERE

REFERENCE PRICE IS

APPLICABLE

LINE ITEMS Applicable

C-QAP

NAME OF PUBLICATION BASE

REFERENCE

DATE

BASE

REFERENCE

PRICE

ULG MOUZOURAS

AKROTIRIOU CHANIA

73100

0001 C16.67-1 Platts Gasoline Prem Unleaded 10ppmS FOB Med Cargo (AAWZA00) Prior Week Average (Updated Monday)

1 October 2024 $1.984131

ULG MOUZOURAS

AKROTIRIOU FLCSI

SUPPLY DEPT/FUELS

DIVISION Chania, Crete 73100

0002 C16.67-1 Platts Gasoline Prem Unleaded 10ppmS FOB Med Cargo (AAWZA00) Prior Week Average (Updated Monday)

$1.984131

JP8 LT TRIANTAFYLLIDIS

CAMP PE 51

0003 C16.64-1 Platts Jet FOB Med Cargo (AAIDL00) Prior Week Average (Updated Monday)

1 October 2024 $2.070824

SFD SOUDA BAY CRETE GR

09865

0004 C16.67-2 Platts ULSD 10ppmS FOB Med Cargo (AAWYY00) Prior Week Average (Updated Monday)

$2.111164

FAR 52.203-11 Certification and Disclosure Regarding Payments To Influence Certain Federal Transactions

(SEP 2024)

(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.

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.

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);

(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.

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 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

(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 provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract 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 orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

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

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

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

(D) Brand;

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

(F) Item description;

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

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

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

(E) 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 Contractor;

(F) Brand;

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

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, https://dibnet.dod.mil/ during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

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 ALL LINE ITEMS.

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through April 30, 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

252.225-7048 Export-Controlled Items (JUNE 2013)

(a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The term includes:

(1) “Defense items,” defined in the Arms…