SPE60525R0214 FINAL.pdf

Solicitation No. SPE60525R0214

COG 4 PC&S – PPN. 3.24

1. Solicitation No. SPE60525R0214 is for commercial items, and is prepared in accordance with FAR Subpart 12.6, and FAR Subpart 15.1 as supplemented with additional information included in this notice. This announcement constitutes the “Solicitation.” This is a Request for Proposals (RFP).

2. The fuel requirements for the COG 4 PC&S Purchase Program Number (PPN 3.24) are being solicited and shall be evaluated in accordance with FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021), see Page 43 of this Solicitation. This Solicitation includes All-or-None for locations organized within Groups. If you submit an offer on any line item organized in a group, you must submit an offer on all the line items within that organized group, see Attachment A - Line Item Price Offer Sheet. Line item locations that are not organized in a group shall be evaluated and awarded independently, see Attachment A - Line Item Price Offer Sheet.

**NOTE: After contract award, if one line item in a group is Terminated the entire group shall be terminated.

Other offers for the terminated group shall be evaluated for award in accordance with the Solicitation.

3. This Solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular

(FAC) 2025-04 effective as of June 11, 2025, Defense Federal Acquisition Regulation Supplement (DFARS) change date January 17, 2025, Defense Logistics Agency Directive (DLAD) July 14, 2025, 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 a TOTAL SMALL BUSINESS SET ASIDE. 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: October 1, 2025, through September 30, 2028. Delivery shall be FOB destination; (See Attachment B - Line Item Narratives).

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 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the Solicitation. The offer price should include all costs arising from the performance of the contract. Offerors must submit pricing in Unit per US Gallon format.

Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offerors are expected to know the relevant business procedures in the states where fuel will be delivered.

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.

8. Offers are due: August 25, 2025, at 12:00 P.M. (noon) EDT. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices, see Attachment G - PCS OET Vendor Guide. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil. Note: All offer prices and all supporting documents shall be entered into 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 and submitted in OET only. Any offer received after August 25, 2025, at 12:00 P.M. (noon) EDT will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2023).

9. Q&A Period: Telephonic (oral) questions Will Not be addressed. Offerors must submit questions in writing, via email to COG42025@dla.mil, and cc Nicholas Labecki, Nicholas.Labecki@dla.mil, and John Parson, John.Parson@dla.mil, No Later Than August 4, 2025 12:00 (noon) P.M. EDT. 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. Please see the below Attachments for securing your AMPS roles and OET access:

Attachment E - AMPS Registration, for AMPS user registration process Attachment F - Requesting the OET Vendor Role in AMPS for requesting roles in OET Attachment G - PCS OET Vendor Guide for accessing the OET application; you will be notified by email once your OET access is granted. You will be able to request access to OET through AMPS.

11. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions titled found in Attachment G - PCS OET Vendor Guide.

12. If you have trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855) 352-0001 and select the option for assistance with AMPS.

13. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at COG42025@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

14. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2023). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. If discussions are conducted, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

Therefore, offerors are advised to submit their best prices with their initial offer.

NOTE: This is an open continuous Solicitation with successive closing dates. The first closing date is August 25, 2025, at 12:00 P.M. (noon) EDT. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1(d)).

The Government anticipates receiving new requirements throughout the performance period. Therefore, Solicitation SPE60525R0214 will remain open until September 30, 2027, for any new requirements 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 requirements.

15. All proposal documentation must be submitted via OET. If you are unable to submit in OET please send an email to Nicholas.Labecki@dla.mil and John.Parson@dla.mil, but vendors are responsible for gaining access to OET and submitting all documents and prices in OET once they gain access.

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

17. TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following clauses & provisions:

• FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

mailto:COG42025@dla.mil mailto:Nicholas.Labecki@dla.mil mailto:John.Parson@dla.mil mailto:Nicholas.Labecki@dla.mil mailto:John.Parson@dla.mil

• FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

• FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT PRICE (DLA ENERGY DEC 2019)

INCLUDE any Federal Excise Taxes (FET) in your offer prices, (however, if awarded a contract the FET may need to be listed as a separate line item on the Contractor’s invoice).

INCLUDE State and Local environmental, oil spill taxes, and inspection fees in your offer price, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities.

Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

Required Documents

1. Written Acknowledgment of the terms and conditions of the Solicitation

2. Certificates of Analysis/Certificate of Quality and C-Quality Assurance Provision (QAP) Fuel Product

Conforming Statement

3. Supply Commitment Letter

4. Transportation Agreement

5. Truck license number, vin number and pictures of the trucks to be used

18. SET ASIDES: This Solicitation is a total Small Business set-aside of 362 line items. See Attachment A - Line Item Price Offer Sheet and Attachment B - Line Item Narratives for a full list of Grouped, Ungrouped, and Service-disabled Veteran-owned Small Businesses (SDVOSBs) Set-asides locations.

a. SMALL BUSINESS CONCERNS: The Solicitation includes 177 line items, totaling approximately 9,650,121 gallons of fuel product that have an estimated value below the Simplified Acquisition Threshold (SAT), Under 13 C.F.R. § 121.406(d), the nonmanufacturer rule (NMR) does not apply to these line items. In accordance with (IAW) FAR 19.502-2, these are valued between the micro purchase threshold ($10,000) and the simplified acquisition threshold (SAT) ($250,000) and are exempt from the NMR. FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) applies to the line items identified in Attachment A and Attachment B.

Thirteen line items are being set-aside for SDVOSB concerns for Department of Veterans Affairs (VA) locations (see Attachment A and Attachment B), totaling approximately 1,398,000 gallons of different fuel types in accordance with 38 USC §8127-8128 and the VA Acquisition Regulation, 48 CFR subpart 819.70. The Contracting Officer has determined that there are eight (8) non-VA locations line items that will be grouped and set aside for SDVOSB concerns only.

b. The U.S. Small Business Administration (SBA) approved DLA Energy’s request for an NMR waiver for all line-items over the SAT.

c. SDVOSBS: Thirteen line items, which support the U.S. Department of Veterans Affairs, will be set aside for SDVOSBs. To be eligible for the line items set-aside for SDVOSBs below, the SDVOSB submitting an offer must be listed as certified in the Dynamic Small Business Administration (SBA) Search (DSBS) database at https://dsbs.sba.gov/search/dsp_dsbs.cfm. FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (Class Deviation 2024-O0002, Revision 1) applies to the line items identified in Attachment A - Line Item Price Offer Sheet.

d. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard for a small business is either that it has no more than 1500 employees, including all affiliates, or that it has a capacity to refine no more than 200,000 barrels per calendar day. (See 13 C.F.R. § 121.201). The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone (703)624-5495.

e. A list of line-item number(s) and items, quantities, units of measures, description of requirements, date(s), place(s) of delivery and acceptance and FOB point may be found in Attachment A and Attachment B.

19. 52.212-1 Instructions To Offerors – Commercial Products And Commercial Services applies to this Solicitation.

20. The provision at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services, applies to this acquisition.

21. The clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, 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. Annual Representations and certificates can be completed electronically at https://www.sam.gov/SAM/.

22. The clause FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

23. 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) (Class Deviation 2025-O0003), applies to this acquisition.

Paragraph (a) is incorporated herein by reference in its entirety. The following clauses from paragraph (b) are also incorporated: FAR 52.203-6, 52.203-13, 52.203-15, 52.204-10, 52.204-27, 52.209-6, 52.209-9, 52.222-19, 52.222-50, 52.225-5, 52.225-13, 52.225-26, and 52.232-33.

24. FAR 52.252-1 SOLICIATION PROVISIONS INCORPORATED BY REFRENCE

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.acquisition.gov/ and https://www.acquisition.gov/dlad

25. FAR 52.252-2 CLAUSES INCORPORATED BY REFRENCE

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.acquisition.gov/ and https://www.acquisition.gov/dlad https://www.sam.gov/SAM/ https://www.acquisition.gov/ https://www.acquisition.gov/dlad https://www.acquisition.gov/ https://www.acquisition.gov/dlad

LIST OF CLAUSES (C) & PROVISIONS (P)

FAR 52.212-1

Instructions to Offerors—Commercial Products and Commercial Services.

P Sep 2023

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services. P Nov 2021

FAR 52.212-3

Offeror Representations and Certifications—Commercial Products and Commercial Services.

P May 2024

FAR 52.212-4

Contract Terms & Conditions–Commercial Products and Commercial Services

C Nov 2023

FAR 52.212-5

Contract Terms & Condition Required to Implement Statues or Executive Order Commercial Products and Commercial Services (Class Deviation 2025-O0003/4)

C Jan 2025

FAR 52.203-3 Gratuities C Apr 1984

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

FAR 52.204-7 System for Award Management P Nov 2024

FAR 52.204-13 System For Award Management Maintenance C Oct 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting P Aug 2020

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

FAR 52.204-20 Predecessor of Offeror P Aug 2020

FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems C Nov 2021

FAR 52.204-25

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

C Nov 2021

FAR 52.204-27 Prohibition on a ByteDance Covered Application C Jun 2023

FAR 52.209-5 Certification Regarding Responsibility Matters P

FAR 52.209-6

Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

C Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters P Oct 2018

FAR 52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

C Oct 2018

FAR 52.214-34 Submission of Offers in the English P Apr 1991

FAR 52.216-2 Economic Price Adjustment Standard Supplies C Nov 2021

FAR 52.216-18 Ordering C Aug 2020

FAR 52.216-19 Order Limitations C Oct 1995 https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-2 https://www.acquisition.gov/far/52.212-3 https://www.acquisition.gov/far/52.212-3

FAR 52.216-21 Requirements C Oct 1995

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

FAR 52.229-3 Federal, State, and Local Taxes C Feb 2013

FAR 52.229-11 Tax on Certain Foreign Procurements Notices and Representative P Jun 2020

FAR 52.232-39 Unenforceability of Unauthorized Obligations C Jun 2013

FAR 52.233-1 Disputes C May 2014

FAR 52.233-2 Service Of Protest P Sep 2006

FAR 52.233-3 Protest After Award C Aug 1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim C Oct 2004

FAR 52.237-1 Site Visit P Apr 1984

FAR 52.242-13 Bankruptcy C Jul 1995

FAR 52.246-1 Contractor Inspection Requirements C Apr 1984

FAR 52.246-2 Inspection of Supplies – Fixed Price C Aug 1996

FAR 52.247-34 F.O.B Destination C Nov 1991

FAR 52.252-6 Authorized Deviations in Clauses C Nov 2020

FAR 52.253-1 Computer Generated Forms C Jan 1991

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials C Sep 2011

DFARS 252.203-7002 Requirements to Inform Employees of Whistle Blower Rights C Dec 2022

DFARS 252.203-7003 Agency Office of The Inspector General C Aug 2019

DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials P Sep 2022

DFARS 252.204-7000 Disclosure of Information C Oct 2016

DFARS 252.204-7003 Control of Government Personnel Work Product C Apr 1992

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors C Jan 2023

DFARS 252.204-7008

Compliance With Safeguarding Covered Defense Information Controls

P Oct 2016

DFARS 252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

C May 2024

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support C Jan 2023

DFARS 252.204-7016

Covered Defense Telecommunications Equipment or Services Representation Basic

P Dec 2019

DFARS 252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

P May 2021

DFARS 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements P Nov 2023

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements C Nov 2023

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders C Oct 2024

DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government P 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

C May 2019

DFARS 252.215-7016 Notification to Offerors – Post award Debrief P Dec 2022

DFARS 252.223-7008 Prohibition of Hexavalent Chromium C Jan 2023

DFARS 252.225-7021 Trade Agreements C Feb 2024

DFARS 252.225-7031 Secondary Arab Boycott of Israel C Jun 2005

DFARS 252.225-7041 Correspondence in English C Jun 1997

DFARS 252.225-7050

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

P Dec 2022

DFARS 252.225-7052

Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten

C May 2024

DFARS 252.225-7966

Prohibition Regarding Russian Fossil Fuel Business Operations Representation (Deviation 2024-O0006 Revision 1)

P Feb 2024

DFARS 252.225-7967

Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006 Revision 1)

C Feb 2024

DFARS 252.225-7975

Additional Access to Contractor and Subcontractor Records

(DEVIATION 2024-O0003)

C Dec 2023

DFARS 252.225-7993

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

C Dec 2023

DFARS 252.229-7001 Tax Relief C Apr 2020

DFARS 252.229-7001

Alt1 Tax Relief

C Apr 2020

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports C Dec 2018

DFARS 252.232-7006 Wide Area Workflow Payment Instructions C Jan 2023

DFARS 252.232-7010 Levies on Contract Payments C Dec 2006

DFARS 252.243-7002 Requests for Equitable Adjustment C Dec 2022

DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services C Nov 2023

DFARS 252.246-7003 Notification of Potential Safety Issues. C Jan 2023

DFARS 252.246-7004 Safety of Facilities, infrastructure/Equipment for military operations C Oct 2010

DFARS 252.247-7003

Pass-through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

C Jan 2023

DFARS 252.247-7023 Transportation of Supplies by Sea C Oct 2024

The full text of the above clauses can be found at:

FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

The full text of clauses identified as Deviations can be found at: https://www.acq.osd.mil/dpap/dars/class_deviations.html

Fuel Specification: See Attachment C - DLA Energy C QAP and Attachment D - DLA Energy E QAP for the full text of these clauses:

DLA ENERGY (C – QAP)

C16.08-1 TURBINE FUEL, AVIATION (JET A) JUL 2022

C16.14 FUEL, ETHANOL E85 (PC & S) DEC 2022

C16.23-3 MGO COMMERICAL GRADE MARINE GAS OIL APR 2021

C16.27 BDI FUEL, BIODIESEL (B20) OCT 2014

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) JUN 2021

C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) JUN 2017

C16.69-7 MRR GASOLINE, AUTOMOTIVE, UNL REORMULATED DEC 2016

C16.69-8 MMR GASOLINE, AUTOMOTIVE, UNL REFORMULATED DEC 2016

C16.69-10 DIESEL FUEL, (DS1) SPECIFICATION (PC&S) DEC 2016

C16-69-11 DIESEL FUEL (DS2) SPECIFICATION (PC&S) DEC 2016

C16-69-12 DIESEL FUEL (DSS) SPECIFICATION (PC&S) DEC 2016

C16.69-13 DIESEL, FUEL (DSW) SPECIFICATION (PC&S) DEC 2016

C16.69-21 GASOLINE AUTOMOTIVE, ETHANOL FREE, UNLEADED,

MIDGRADE (PC&S)

FEB 2020

DLA ENERGY (E – QAP)

E1 CONTRACTOR INSPECTION RESPONSIBILITIES MAR 2022

E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (BUNKERS) JAN 2013

E12 POINT OF ACCEPTANCE JUL 2015

E18.01 SAMPLE OF SUBMISSION AUG 2009

E21.01 POINT OF INSPECTION JUN 2015

E22 INSPECTION OFFICES FEB 2022

E35 NONCONFORMING SUPPLIES AND SERVICES DEC 2011

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PS&S) DEC 2011

E40.01 MIRR WAWF ERR (BULK FUEL DIRECT DELIVERY JUL 2014

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

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.acq.osd.mil/dpap/dars/class_deviations.html

UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT (FIXED-PRICE) (DLA ENERGY MAR 2003)

(a) The Contractor agrees that the total increase in any unit price pursuant to the ECONOMIC PRICE ADJUSTMENT clause shall not exceed __350__ percent of the original base price for individual contract items, except in the situations provided hereafter.

(b) If at any time the Contractor has reason to believe that within the near future a price adjustment will be required under the ECONOMIC PRICE ADJUSTMENT clause of this contract and that the resultant adjustment when added to the latest contract price for the item(s) in question will exceed the current contract ceiling price for the item(s), the Contractor shall notify the Contracting Officer of the expected increase. At the same time, the Contractor shall propose a revised ceiling which he believes to be sufficient to permit completion of remaining contract performance. The Contractor's proposal shall be supported by appropriate explanations and documentation as required by the Contracting Officer. The parties agree to promptly undertake negotiations regarding the proposed new ceiling.

(c) If, in the absence of an agreement on a new ceiling, notice is given by the Contractor of an actual price change which results in a unit price for contract item(s) which exceeds the current ceiling, the Contractor will have no further obligation under this contract to fill pending or future orders for the specific line item(s) in question as of the effective date of the increase, as long as the unit price exceeds the ceiling. If, however, notwithstanding the lack of agreement on a new ceiling, the Contracting Officer indicates in writing that the Government is prepared to purchase the line item(s) for the price as adjusted under the ECONOMIC PRICE ADJUSTMENT clause beyond the current ceiling, the Contractor will be obligated to continue to honor orders placed for the specific line item in question.

**Any proposal using an alternate/uncommon escalator will not be accepted.

ECONOMIC PRICE ADJUSTMENT - MARKET PRICE (PC&S) (ETHANOL) (DLA ENERGY APR 2020)

(a) WARRANTIES. The Contractor warrants that--

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

(2) The prices to be invoiced hereunder for listed items shall be computed in accordance with the conditions of this contract text.

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

(1) Award price means the unit price accepted by the Government for the item of supply identified by the item number.

(2) Base market price means the industry publication, Contractor’s posted price, or the Contractor’s supplier’s price to be used in determining an economic price adjustment of the award price of an individual product for the market area and time period specified in this contract text. The base market price is shown in paragraph (g), Column V of the Market Indicator Table and is the price from which economic price adjustments are calculated pursuant to this contract text.

The Contractor will propose a base market price which is subject to review by the Government to ensure it accurately reflects market conditions.

(3) Adjusting market price means the market price in affect on the date of delivery and that will be used to determine the change from the base market price (see Column V of the Table below).

(4) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

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

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

(ii) FOR ALL OTHER TYPES OF DELIVERIES. The date the product is received on a truck-by-truck basis.

(c) PRICE ADJUSTMENTS. The Contractor’s price change notification shall be submitted in writing within 5 calendar days of such change. Any resultant price changes shall be provided via notification through contract modifications.

(1) CHANGE IN SUPPLIER’S PRICE. The price change notification shall include a copy of the Contractor's supplier's notice or invoice, which clearly shows the supplier's name, the increase/decrease in price or invoice, the applicable product, and the effective date of the change.

(2) CHANGE IN CONTRACTOR’S POSTED PRICE. The price change notification documentation shall be sufficient to justify such change and shall include, but not be limited to, the actual supplier-published fuel prices (rack, terminal, truck, etc.) clearly annotated for the fuel type to be procured and the effective date of the price change.

(3) In the event the Contracting Officer determines the justification is insufficient to warrant such a change in the supplier’s price or the Contractor’s posted price, the Contractor will be notified within 3 working days of DLA Energy’s receipt of the price change notification. The Contractor shall continue performance under this contract until the situation is resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(4) CHANGE IN INDUSTRY PUBLICATION PRICE. In the event that there is a change in the industry publication price used to effect a change in base market price, the Contractor will notify the Contracting Officer in writing and include substantiating documentation.

(5) CALCULATIONS. The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fractions thereof, that the base market price increases or decreases per like unit of measure between the date shown in Column V of the Table below and the date of delivery. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places, truncated.

(6) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the base market price within the allotted 5-day period, such decrease shall apply to 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 from the base market price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date reimbursement is received from the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(7) INCREASES. Any increase in award price as a result of an increase in the base market price shall apply to all deliveries made on or after the date of receipt by the Contracting Officer of written notification from the Contractor of such increase in accordance with paragraph (c) above. However, no notification incorporating an increase in an award price shall be executed pursuant to this contract text until the increase has been verified by the Contracting Officer.

(8) 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, or is the result of an allocation made in accordance with the terms of the ALLOCATION clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(9) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any award price shall not exceed 350% percent of the award price in any applicable program year (whether it is a single year or a multiyear program), except as provided hereafter:

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the 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 an appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the base market price would raise an award 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.

(d) REVISION OF MARKET PRICE INDICATOR. If any applicable market price indicator (industry publication price, supplier’s price, or Contractor’s posted price) is discontinued, its method of derivation is altered substantially, or the Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract.

(e) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, and other data the Contracting Officer deems necessary to verify Contractor adherence to the conditions of this contract text.

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

(g) MARKET INDICATOR TABLE.

I II III IV V

If company -name of product;

If publication - Base market heading under price as of Name of which market Location where ____________ company/ price is published market price (base market date) Item no. publication and name of product is applicable excludes all taxes)

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

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

See Attachment B - Line Item Narratives

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

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

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

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

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

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

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representations. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

FAR 52.211-16 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 more than 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 therefore, 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 52.216-2 ECONOMIC PRICE ADJUSTMENT–STANDARD SUPPLIES (NOV 2021).

(a) The Contractor warrants that the unit price stated in the Schedule for ATTACHMENT B - LINE ITEM NARRATIVES is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item.

The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing…