Amendment 0005 - SF-30.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE605 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60525R0203

X

2025 FEB 21

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX X is extended, is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA ENERGY

POST, CAMPS, AND STATIONS

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2025 FEB 21 / 2025 APR 29

TIME 3:00 PM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 2 PAGES

SPE60525R0203 - 0005

A.Solicitation SPE605-25-R-0203 has reopened to extend the response due date from 01-April-25 to 29-April-25.

B.Proposals must be received no later than 3:00 PM local time (Ft. Belvoir, VA) April 29, 2025. Please submit offers via email to john.stanislaus@dla.mil and Georgia.dotson@dla.mil. When submitting offers, please note the RFP number SPE605-25-R-0203 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: SPE605-25-R-0203 1of 2; SPE605-R-0203 2 of 2 (however many emails that are required to submit the offer).

C. All other contract terms and conditions remain unchanged.

COMBINED SYNOPSIS/SOLICITATION

SPE605-25-R-0203

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: Automated Fueling Requirement for Turkey 1.8Q

Solicitation Number: SPE605-25-R-0203

Reponses Due: April 29, 2025, 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) SPE605-25- R-0203. 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.

Description of Services: This requirement is for a vehicle fleet automated fueling program in accordance with Turkish Petroleum Energy Marketing Agency guidance for tax free fuel sales for the purpose of lifting commercially available Unleaded Gasoline and Diesel Fuel products for authorized US government owned or authorized privately owned vehicles at designated filling stations. These fueling stations will be located within 62 miles (100 kilometers) of each and every municipality throughout the country of Turkey. Bi-weekly or monthly individual sales data consisting of vehicle plate number, fuel type, quantity, date/time/location of delivery must be batched and provided to Army and Air Forces Exchange Service (AAFES) Europe representatives.

Fuel is lifted from the Contractor's retail pump utilizing an Electronic Fueling Device (EFD) installed on the user's vehicle, which communicates with the Contractor's system to record the sale. This is primarily a supply contract for fuel although there are additional contractual requirements such as hardware and software support, technology hook-up/removal, database/fleet management systems, creation of maps identifying vendor retail outlets available throughout the country and substantial program management/support.

There is a minimum 60-day implementation process for non-incumbents.

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 July 1, 2025 – 31 July 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.

mailto:john.stanislaus@dla.mil mailto:georgia.dotson@dla.mil http://www.energy.dla.mil/

SPE60525R0203

Turkey Automation P.P. 18Q

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 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) April 29, 2025. Please submit offers via email to john.stanislaus@dla.mil and Georgia.dotson@dla.mil When submitting offers, please note the RFP number SPE605-25-R-0203 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: SPE605-25-R-0203 1of 2; SPE605-25- R-0203 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 April 29, 2025, at 3:00 PM Fort Belvoir, VA time and is for the 2 Line Items contained in this first closing. Solicitation SPE605-25-R-0203 has a performance period of July 1, 2025, through July 31, 2028.

The Government may receive new requirements throughout the performance period. Therefore, solicitation SPE605-25-R-0203 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: April 25, 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.

10. Offerors shall be registered in SAMS.gov 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.

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.

mailto:john.stanislaus@dla.mil mailto:Georgia.dotson@dla.mil mailto:John.Stanislaus@dla.mil mailto:Georgia.Dotson@dla.mil

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 (Jan 2025) 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, 52.204-27, 52.209-6, 52.209-9, 52.222-19, 52.222-50, 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 Commer-cial Products and Commercial Services (DEVIATION 2025-O0003) Jan 2025

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 Nov 2024

FAR 52.204-8 Annual Representations and Certifications (DEVIATION 2025-O0003) Jan 2025

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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Ser-vices or Equipment.

Nov 2021 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 52.204-27 Prohibition on a ByteDance Covered Application Jun 2023 FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Sus-pended, or Proposed for Debarment Jan 2025

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 52.212-3 Offeror Representations and Certifications---Commercial Products and Commercial Ser-vices (DEVIATION 2025-O00003) May 2024

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 52.222-9 Apprentices and Trainees (DEVIATION 2025-O0003) Jul 2005 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 52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION 2025-

O0003) Jan 2025

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 Ser-vices

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

252.205-7000

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

252.223-7008

Prohibition of Hexavalent Chromium 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

252.229-7001

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 Oct 2024

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 SPE605-25-R-0203 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) SPE605-25-R-0203for 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, July 1, 2025 – July 31, 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.

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)

Line Item

National Stock Number

Product Descrip-tion

Applicable

C-QAP

Estimated Quantity (US Gallons)

Unit Price (US Dollars)

Total Price (US Dollars)

9130-01-527-

Gasoline Auto-motive (ULG) C16.67-1 97,000

9140-01-520-

Diesel Fuel

(DT2) C16.25-3 44,000

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 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, http://www.desc.dla.mil/ 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

28 OCTOBER

(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

Gasoline Automotive EG

(ULG)

Turkey Fuel Chip $1.955567 See Paragraph (f) above

0002 AAWYY00

ULSD 10ppmS FOB Med Cargo

Previous Monthly Average

Diesel Fuel

DISTILLATE (DT2) 84

Turkey Fuel Chip $2.105025 See Paragraph (f) above

NOTE: *SUPPLIER NOTICE*

* 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 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.

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2025-O0003)

(JAN 2025)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Certification.

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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…