SPE60525R0214.pdf

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 only solicitation; proposals are being requested

2. The fuel requirements for the COG 4 PC&S purchase program are being solicited and shall be evaluated in accordance with FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (NOV 2021), see Page 44 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 Groups & Set-Asides. Line item locations that are not organized in a group shall be evaluated and awarded independently, see Attachment A - Line Item Groups & Set-Asides.

**NOTE: After contract award, if one line item in a group is Terminated for Cause, the entire group shall be terminated. Other offers for the terminated group shall be evaluated for award in accordance with this solicitation.

3. This solicitation document incorporates provisions and clauses, those in effect through Federal

Acquisition Circular (FAC) 2025-03 effective as of January 17, 2025, Defense Federal Acquisition Regulation Supplement (DFARS) change date January 17, 2025, Defense Logistics Agency Directive (DLAD) September 6, 2024, with the same force and effect as if they were given in full text. The full text of the referenced clause and provision in this solicitation may be accessed electronically at https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and, https://www.dla.mil/Acquisition/Policy-and-Directives/#98025. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer.

4. SPE605-25-R-0214 is issued as an invitation for a Request for Proposal.

5. This procurement is being issued as UNRESTRICTED. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees or refining no more than 200,000 barrels per calendar day.

6. Period of Performance: Award Date through September 30, 2030. Delivery shall be FOB destination; (See Narrative Detail in Attachment- B).

7. 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.

8. 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.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 https://www.dla.mil/Acquisition/Policy-and-Directives/#98025

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.

9. Offers are due: TBD, 2025, at 12:00 PM Fort Belvoir, VA time. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). All amendments to this solicitation must be signed and uploaded to OET. Please see Attachment G - PCS OET Vendor Guide. Any offer received after TBD 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 (MAR 2023).

NOTE: This is an open continuous solicitation with successive closing dates. The first closing date is *TBD, 2025, at *TBD PM Fort Belvoir VA time. 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, 2029, for any new CLINs to be solicited. As new requirements are received, the Government will issue amendment(s) to the solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new CLINs.

10. 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

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

12. 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)

• I28.01 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) (DLA ENERGY NOV 2011)

• I28.02-2 FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT PRICE (DLA ENERGY

DEC 2019)

• I28.03-1 TAX EXEMPTION CERTIFICATES (DLA ENERGY AUG 2003)

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.

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

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 and C-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

13. Telephonic (oral) questions Will Not be addressed. Offerors must submit questions in writing, via email to Nicholas

Labecki, Nicholas.Labecki@dla.mil, and John Parson, John.Parson@dla.mil, No Later Than TBD p.m. EDT XX MONTH 2025. 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.

14. SET ASIDES: This RFP is a total Small Business set-aside of 363-line items. See Attachment A - Line-Item Groups & Set-Asides 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 – SB 2579 Block 10a - Section D - SDVOSB Set Aside), 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. DLA Energy has requested that the SBA waive the nonmanufacturer rule for all 363-line items.

B. 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 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 Groups & Set-Asides.

C. 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). Offerors that propose to furnish an item that it did not manufacture itself, but want to be considered for a set-aside award, must comply with 13 C.F.R. § 121.406. The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone (703)624-5495.

D. 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.

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

15. 52.212-1 Instructions To Offerors – Commercial Products And Commercial Services applies to this solicitation.

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

17. 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/.

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

19. 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, 52.223-18, 52.225-5, 52.225-13, 52.225-26, and 52.232-33.

20. 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

21. 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

CLAUSES

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. Sep 2023

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

FAR 52.212-3

Offeror Representations and Certifications—Commercial Products and Commercial Services.

May 2024

FAR 52.212-4

Contract Terms & Conditions–Commercial Products and Commercial Services

Nov 2023

FAR 52.212-5

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

Jan 2025

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 https://www.sam.gov/SAM/ https://www.acquisition.gov/ https://www.acquisition.gov/dlad https://www.acquisition.gov/ https://www.acquisition.gov/dlad https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-2 https://www.acquisition.gov/far/52.212-3 https://www.acquisition.gov/far/52.212-3

FAR 52.204-13 System For Award Management Maintenance Oct 2018

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

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

FAR 52.204-20 Predecessor of Offeror Aug 2020

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

FAR 52.204-25

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

Nov 2021

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

FAR 52.209-6

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

Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Oct 2018

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

FAR 52.216-2 Economic Price Adjustment Standard Supplies Nov 2021

FAR 52.216-18 Ordering Aug 2020

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

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

CLAUSES

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

FAR 52.233-1 Disputes May 2014

FAR 52.233-2 Service Of Protest Sep 2006

FAR 52.233-3 Protest After Award Aug 1996

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

FAR 52.242-13 Bankruptcy Jul 1995

FAR 52.246-1 Contractor Inspection Requirements Apr 1984

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

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

FAR 52.252-6 Authorized Deviations in Clauses Nov 2020

FAR 52.253-1 Computer Generated Forms Jan 1991

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

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

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

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

DFARS 252.204-7000 Disclosure of Information Oct 2016

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

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023

DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Oct 2016

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting May 2024

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

DFARS 252.204-7016

Covered Defense Telecommunications Equipment or Services Representation Basic Dec 2019

DFARS 252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation May 2021

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

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

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

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

CLAUSES

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

DFARS 252.223-7008 Prohibition of Hexavalent Chromium Jan 2023

DFARS 252.225-7021 Trade Agreements Feb 2024

DFARS 252.225-7031 Secondary Arab Boycott of Israel Jun 2005

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 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten May 2024

DFARS 252.225-7966

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

DFARS 252.225-7967

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

DFARS 252.225-7975

Additional Access to Contractor and Subcontractor Records (DEVIATION 2024-O0003) Dec 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 252.229-7001

Alt1 Tax Relief Apr 2020

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

DFARS 252.232-7006 Wide Area Workflow Payment Instructions Jan 2023

DFARS 252.232-7010 Levies on Contract Payments Dec 2006

DFARS 252.243-7002 Requests for Equitable Adjustment Dec 2022

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

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

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

DFARS 252.247-7003 Pass-through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer Jan 2023

DFARS 252.247-7023 Transportation of Supplies by Sea Oct 2024

The 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_Portfolio and Attachment D - DLA Energy E QAP_Portfolio for the full text of these clauses:

DLA ENERGY 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

GASOLINE AUTOMOTIVE, ETHANOL FREE, UNLEADED,

MIDGRADE (PC&S)

DEC 2016

FEB 2020

E1 CONTRACTOR INSPECTION RESPONSIBILITIES MAR 2022

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

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.

SUPPLIES TO BE FURNISHED (DOMESTIC PC&S) (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 clause.

Pu(b) All items of this contract call for delivery f.o.b. destination unless the item otherwise specifies. The destination for each item is the point of delivery shown in the item.

(c) Written telecommunication (facsimile) is authorized for transmittance of a properly completed order. In an emergency, oral orders may be issued but must be confirmed in writing by an order within 24 hours.

(d) If any gasoline items are included in this document, they may require oxygenated fuel as a result of changes in environmental laws. See the SPECIFICATIONS (CONT'D) (Puerto Rico) contract text for a listing of counties, cities, and townships that require oxygenated gasoline during the period listed.

(e) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Any offers received for less than the full quantity for each line item will be rejected by the Government.

ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP AND STATION (PC&S)

(JUNE 2017)

(a) Warranties: The Contractor warrants that—

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

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

(b) Definitions: As used throughout this contract text, the term--

(1) Base price means—

(i) The unit price offered for an item and included in the contract award schedule; or

(ii) During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year.

(2) Base reference price means the reference price for an item as published 21 April 2024. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown.

(3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4) Date of delivery means—

(i) For tanker or barge deliveries.

(A) Free on board (f.o.b.) origin: The date and time vessel commence loading.

(B) F.o.b. destination: The date and time vessel commence discharging.

(ii) For all other types of deliveries: The date product is received on a truck-by-truck basis.

(5) Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c) Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimals places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii) 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 adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price 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.

(3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 350 percent (%) of the of the base price in any applicable program year, except as provided below.

If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording 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.

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

(d) Examination of records: The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the wording of this contract text.

(e) 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.

(f) Publications. The following publication(s) is (are) used: Publications/Escalators can be found in Attachment H - Escalators.

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 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

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…