2.3_West_SPE607-18-R-0200_Solicitation_Provision_Clauses.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0068474941/0070848730

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE607-18-R-0200

5. SOLICITATION NUMBER

2017 NOV 29

6. SOLICITATION ISSUE

DATE

Terry Woodson Kimberly Morgan

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-1270 9704 2017 Dec 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE607

DLA ENERGY

MOBILITY FUELS DIVISION (DLA-ENERGY FEPEB)

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222 PP 2.3W

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

324110NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE B-0001/B15.01

04:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

B

31b. NAME OF CONTRACTING OFFICER (Type or Print)

ALBERTO A. WILLIAMS, JR.

DOMESTIC 2.3 WEST REGION

PERIOD OF PERFORMANCE:

01 APRIL 2018 TO 31 MARCH 2022

Solicitation SPE607-18-R-0200

THE FOLLOWING CLAUSES ARE INCLUDED IN FULL TEXT AND CAN BE FOUND IN THIS SOLICITATION:

INDEX

CLAUSE

NUMBER

CLAUSE TITLE PAGE

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE)

(DLA ENERGY AUG 2013)

B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) (DLA

ENERGY JAN 2012)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014)

C-0002 C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY SEP 2016)

C-0003 C16.08 TURBINE FUEL, AVIATION (JET A50) (DLA ENERGYAUG 2014)

C-0004 C16.08-2 TURBINE FUEL, AVIATION (JET A1) (INTO-PLANE) (DLA ENERGY OCT 2014)

C-0005 C16.64-4 TURBINE FUEL, AVIATION (JP8) (INTO-PLANE) (DLA ENERGY SEP 2014)

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES – FIXED-PRICE (AUG 1996)

E-0001 E1.09 RAPID REFUELING REQUIREMENTS (DLA ENERGY JUN 2016)

E-0002 E17 CONTRACTOR INSPECTION RESPONSIBILITIES (INTO-PLANE) (DLA ENERGY SEP 2014)

E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

F-0001 F56.01 DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) (DLA ENERGY JUNE 2013)

F-0002 F91 DEFUELING/RESERVICING (DLA ENERGY DEC 1985)

SECTION G: CONTRACT ADMINISTRATION DATA

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DLA ENERGY JUL 2007)

G-0003 G9-07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

G-0004 G149.02 SUBMISSION OF INVOICES FOR FUEL SAMPLE TRANSPORTATION CHARGES (INTO-

PLANE) (DLA ENERGY SEP 2015)

SECTION I: CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Jan 2017)

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

ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (Jul 2013)

FAR 52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

DFARS

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUEST AND RECEIVING REPORTS (JUN 2012)

DFARS

252.232-7010

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS

252.246-7004

SAFETY OF FACILITIES, INSTRASTRUCTURE AND EQUIPMENT FOR MILITARY OPERATION

(OCT 2010)

DFARS

212-301

SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE AQUISTION OF

COMMERICAL ITEMS:

**** Incorporated By Reference (IBR)****

I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996)

I-0003 I128.01 SUBSTANTIATION OF LOCAL TAXES FOR INTRASTATE/INTRACOUNTRY FLIGHTS

(DLA ENERGY APR 1987)

I-0004 I151 AIRPORT FEES AND/OR CHARGES (DLA ENERGY AUG 1998)

I-0005 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

I-0006 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

I-0007 I211.04 ORDERING (INTO-PLANE) (DLA ENERGY FEB 2009)

SECTION J: LIST OF ATTACHMENTS – SEE BELOW

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(JULY 2013)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017)

DFARS

252.203-7002

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWERS RIGHTS (SEPT 2013)

DFARS

252.209-7002

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

K-0001 K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

K-0002 K33.01 AUTHORIZE NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

DFARS

252-204-7004

ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

FAR 52.215-1 INSTRUCTIONS TO OFFERORS —COMPETITIVE ACQUISITION (JAN 2017)

DLAD 52.233-

AGENCY PROTESTS (NOV 2011)

DLAD 52.233-

DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011)

L-0001 L2.11-3 FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999)

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

L-0003 L69.01 ABBREVIATIONS (INTO-PLANE) (DLA ENERGY MAY 2009)

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

M-0001 M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA

ENERGY JAN 1998)

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

M-0003 M57 UNIT PRICES/ALTERNATE PRODUCTS/EVALUATION/AWARD (INTO-PLANE) (DLA

ENERGY JAN 2012)

M-0004 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

LIST OF ATTACHMENTS

[ X ] COUNTRY LISTING OF SOLICITED ITEMS (Schedule)

[ X ] OFFERORS’ SUBMISSION PACKAGE (OSP)

[ X ] MILITARY STANDARD (1548H-H) w/CHANGE 1

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DLA ENERGY AUG 2013)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver into-plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS contract provision.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) contract provision.

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities DLA Energy described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein.

Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO- PLANE) contract provision for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.

(f) For Manual delivery processing, the U.S. Government will provide the following:

(1) MECHANICAL IMPRINTERS. Only one imprinter will be issued for each location upon award. If additional imprinters are needed, it will be at the sole discretion of the Contracting Officer. Requests for initial Bartizan Mechanical Imprinter, Model Number 4760-100- 20 or equal, must be submitted to—

ATTN: DLA ENERGY-RRR

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

Facsimile: (210) 925-0555 Email: descsa.imprinters@dla.mil

(2) DD FORM 1898. Request for initial and re-supply of DD Forms 1898 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DD Forms 1898 needed via either email or facsimile 30 days prior to the date additional forms are required. Submit email requests to DD1898-admin@pgmail.daps.dla.mil and facsimile requests to (215) 697-2424. The Contractor will return all unused DD Forms 1898 at the expiration of the contract unless a follow-on contract is awarded.

(g) Any prime contractor using another source as a refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: _______________ AIRPORT LOCATION: ________________________

PRODUCT GRADE IN ORDER OF

PREFERENCE (IF ALTERNATE EST QUANTITY

PRODUCT IS OFFERED, REFER TO (GALLONS) UNIT PRICE

SUBITEM NO. M57 AND MIL-STD-1548H) (if applicable) PER GALLON

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph (g).

A. NAME ADDRESS TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

mailto:DD1898-admin@pgmail.daps.dla.mil

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation: ________________________________________________

Phone/Pager/Cellular Number (please identify): _____________________________________

Answering service and contact number: ___________________________________________

Is advance notice required for after-hours delivery? [ ] Yes [ ] No If yes, how far in advance (days, hours, minutes, etc.)? ____________________________________

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

$ ____________ [ ] per occurrence OR [ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES contract provision.)

NAME AND ADDRESS IN FULL OF AUTHORITY AMOUNT OF FEES AND/OR CHARGES PER GALLON

TO WHOM FEE AND/OR CHARGE IS PAID AND GRADE OF PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE DUTY TAX

VII. POSTED AIRPORT PRICE.

THE POSTED AIRPORT PRICE AS OF THE BASE REFERENCE DATE: AUGUST 8, 2017 (specify any taxes included).

________ per USG Taxes: ________________________________________________________

VIII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access? [ ] Yes [ ] No NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site? [ ] Yes [ ] No If yes, what is the web address? ______________________________________________________________

C. Does your company have email capability? [ ] Yes [ ] No If yes, what is your email address? ____________________________________________________________

D. Is your company registered under the System for Award Management (SAM)? [ ] Yes [ ] No

E. What is your company's Dun and Bradstreet number? ____________________________________________

F. What is your company’s CAGE code number? ________________________________________________

IX. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes are applicable to deliveries to all U.S.

Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420.

B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) (DLA ENERGY JAN 2012)

(a) WARRANTS. The Contractor warrants that—

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

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

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

(1) The term base price means the unit price set forth opposite the item in the contract Schedule.

(2) The term market price means the price or average of prices for the same or similar item, as set forth in the publication(s) listed in the table in paragraph (h) below, from which the base price is to fluctuate.

(3) The term base market price means the price or average of prices, as set forth in the publication(s) listed in the table in paragraph (h) below, in effect on the date listed in the RFP.

(4) The term date of delivery means the date and time product under this contract is delivered into-plane.

(5) The term week is a consecutive seven-day period beginning on a Monday.

(c) NOTIFICATION. The Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price by facsimile within 14 days from the date thereof.

(d) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract modifications in accordance with the conditions set forth in this contract provision. One adjustment shall be made for each week during which the market prices have changed and shall become effective on the first day of the week. Any increase or decrease shall apply only to deliveries made on or after the first business day of the week and not the publication date of the trade price service or commercial journals listed in the table in paragraph (h) below. The amount of increase or decrease in the price payable under the contract shall be the same number of cents or fraction thereof that the market price increases or decreases per like unit of measure.

(i) In the event the Contractor fails to notify the Contracting Officer of any increase/decrease in market price, such increase/decrease shall apply only to deliveries made on and after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase/decrease.

(ii) DAY OF PUBLICATION. Except for items employing the publications listed in (A) and (B) below, the market price in effect on the date of delivery shall be that item’s preselected market price published on the Monday of the week in which the delivery is made or, in the event there is no publication in that week, it shall be the item’s preselected market price as last previously published.

NOTE 1: Oil Price Information Service’s (OPIS) Petroscan data is dated on a Thursday but is incorporated into the following Monday’s “hard copy” publication.

NOTE 2: DLA Energy downloads the electronic versions of the price publications (i.e., Platts, OPIS). Occasionally, a slight discrepancy may be noted between the prices posted on the electronic version and the printed (hard copy) version. In such an event, the prices posted in the electronic version shall be used in determining adjustments under this contract provision.

(A) PLATTS OILGRAM PRICE REPORT. For items employing Platts Oilgram Price Report Spot Price Assessment, with an effective day of Monday or Tuesday of each week, the market price in effect on the date of delivery shall be that item’s preselected market price officially on the electronic version on Monday’s containing prices effective on the prior Friday of the week in which the delivery is made. For items employing Platts Oilgram Price Report 5 Day Rolling Average, the market price in effect on the date of delivery shall be that item’s preselected market price published for 5 days ending on the Friday prior to the week in which the delivery is made. Normally, the average will be Monday through Friday; however, in the event of a holiday or other occurrence(s) for which Platts does not make an effective price, the closest effective price date(s) prior to Monday will be used to complete the 5 Day Rolling Average.

(B) When a combination of two different publications is utilized, the earlier date of the week shall control if differing published dates are used.

(2) The Contracting Officer shall calculate the adjusted prices based on the difference between the base market price and the market price. This difference shall be added to or subtracted from the base price to arrive at the current prices payable under this contract.

(3) The prices payable under this contract for any given week will be based on the last market price effective during the preceding week.

(4) The Contracting Officer shall issue a modification as soon as practicable after such price becomes effective. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer or authorized representative.

(5) Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(6) The Contractor shall invoice and will be paid at the price set forth in the modification.

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

(8) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 575 percent of the award price in any applicable program year (whether 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 provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the market 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, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(9) REVISION OF MARKET PRICE INDICATOR. In the event--

(i) Any applicable market price is discontinued or its method of derivation is altered substantially; or http://www.desc.dla.mil/

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions— the parties shall 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 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) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule.

(f) 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 conditions of this contract provision.

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

(h) TABLE. The publication(s), market price(s), and other pertinent data are as follows:

Location where Base market market price Name of price as of

Item Number Publication is applicable product August 8, 2017

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2014)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

C-0002 QAP C2 SPECIFICATIONS (INTO-PLANE) (DLA ENERGY OCT 2016)

(a) SPECIFICATIONS.

(1) Product to be supplied shall fully meet the requirements of the applicable specification(s) indicated in the Supply Schedule.

(2) The specification for into-plane servicing of fuels at commercial airports is MIL-STD-1548, Into-Plane Servicing of Fuels at Commercial Airports (latest revision), which is incorporated into this contract.

(3) MIL-STD-1548 stipulates that refueling for Type I into-plane servicing locations shall follow Air Transport Association (ATA) Specification 103, Standard for Jet Fuel Quality Control at Airport (latest revision). The following exceptions are incorporated into ATA Specification 103:

(i) Chapter 2-1, General, Operations & Maintenance Manuals CHANGE: “…should have maintenance and operation (M&O) manuals…” to “…shall have maintenance and operation (M&O) manuals…”.

(ii) Chapter 2-4, Fuel Storage Facility Requirements, Storage Tanks, DELETE: “Floating suction with means of verifying proper operation.”

(iii) Chapter 2-5, Fuel Facility Checks, Annual Checks and Chapter 3-11, ADD: “The opening and inspecting of storage tank interiors on an annual basis is optional.”

(iv) Chapter 2-6, Hydrant System Checks, General ADD: “Aircraft operators and DLA Energy ACO shall be notified…”

(v) Chapter 2-7, Aircraft Fueling Equipment Requirements, Fuel Quantity Measurement Meter and Chapter 2-8, Aircraft Fueling Equipment Checks, Annual Checks, Meter Calibration, ADD: “For meter calibration of refueling unit and hydrant servicing vehicle meters, where the state or local regulations requires use of National Institute of Standards and Technology (NIST) Handbook (HDBK) 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring (latest revision) it is acceptable to adhere to the meter calibration accuracy and repeatability tolerances in either ATA 103 or NIST HDBK 44.”

(4) MIL-STD-1548 stipulates refueling for Type II into-plane servicing locations shall follow Aviation Fuel Quality Control & Operating Standards for Into-Plane Fueling Services (JIG-1). In addition to JIG-1 requirements, Type II locations that have into-truck, into-bladder or into-tank contract line items (CLINS), shall follow these inclusions incorporated from JIG-2, Aviation Fuel Quality Control & Operating Standards for Airport Depots & Hydrants for operations performed at airport depots and hydrants or EI/JIG Standard 1530, Quality Assurance Requirements for the Manufacture, Storage and Distribution of Aviation Fuels to Airports for operations performed upstream of airport:

(i) JIG 2 (airport depots and hydrants): Chapter 3: Depot Facilities - Design Features, Section 3.4 filtration; or, EI/JIG 1530 (upstream of airport):

Chapter 9: Finished Product: Storage Design Features and Handling Procedures, Section 9.4, Filtration and Fuel Cleanliness;

(ii) JIG 2 (airport depots and hydrants): Chapter 4: Receipt Procedures, Section 4.1 Documentation; or EI/JIG 1530 (upstream of airport): Chapter 8:

Receipt, Batching, Certification and Release, Section 8.3.1 Documentation;

(iii) JIG 2 (airport depots and hydrants): Chapter 5: Quality Control, in its entirety; or EI/JIG 1530 (upstream of airport): Chapter 8.4, Quality Control and Release Procedures, in its entirety;

(iv) JIG 2 (airport depots and hydrants): Chapter 7: Product Release for Delivery to Into-Plane Fuelling Equipment and Hydrant systems, in its entiret

(v) JIG 2 (airport depots and hydrants): Chapter 10: Operating Requirements, in its entirety.

(vi) Follow additional requirements in JIG 2 or EI/JIG 1530 as applicable to each site operation.

(5) In addition to fuel quality requirements established in ATA 103 (for Type I locations) and Joint Inspection Group (JIG) I (for Type II locations), add the following test frequencies if fuel system icing inhibitor (FSII) and/or static dissipater additive (SDA) are present in the aviation fuel. Every 30 days, analyze FSII content on storage tank or aircraft servicing unit samples. If the aviation fuel is received additized (or if it is additized at the truck rack), samples shall be tested in accordance with ASTM D5006 (latest revision). If fuel is received without FSII, the FSII injectors shall be calibrated every 30 days, in accordance with the manufacturer's instructions, to meet the FSII content requirement. The FSII content in the fuel shall be 0.04 to 0.15 percent by volume. Every 7 days, analyze electrical conductivity on storage tank or aircraft servicing unit samples. The conductivity level of the aviation fuel provided to the aircraft shall be between 50 and 700 picosiemens per meter.

(6) All Fixed Base Operator (FBO) suppliers shall make available to the government (upon request) a certificate of quality that represents the most recent aviation turbine fuel delivery into the FBO supplier's fuel system. This certificate shall serve as verification that the product being supplied meets all DLA Energy contract specification requirements.

(b) NATIONAL STOCK NUMBERS (NSNs). NSNs pertaining to supplies listed in the Schedule are as follows:

PRODUCT

NOUN CODE NSN

Turbine Fuel, Aviation, Jet A IAA 9130-01-305-4097 Turbine Fuel, Aviation, Jet A-1 IA1 9130-01-305-4096 Turbine Fuel, Aviation, Jet B IAB 9130-01-305-5595 Turbine Fuel, Aviation, JP8 IP8 9130-01-305-5597 Turbine Fuel, Aviation, TSl TSI 9130-01-492-4931 Gasoline, Aviation, 100LL I13 9130-01-446-6176

NOTE: Nouns, Product Codes, and NSNs are common whether Jet A/A-1 is provided with or without FSII.

C-0003 C16.08-1 TURBINE FUEL, AVIATION (JET A) (DLA ENERGY AUG 2014)

Jet A shall conform to the requirements of ASTM D 1655, Standard Specification for Aviation Turbine Fuels, except as modified below, at the custody transfer point

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-00-359-2026 Turbine Fuel, Aviation, Jet A JAA

(a) ADDITIVES.

(1) Additives shall not be premixed with other additives before injection into the fuel.

(2) FUEL SYSTEM ICING INHIBITOR (FSII). When required by contract line item-

(i) FSII shall be added to the fuel and shall be Diethylene Glycol Monomethyl Ether (DIEGME) conforming to ASTM D4171, Standard Specification for FSIIs, Type III or MIL-DTL-85470B, dated June 15, 1999, Inhibitor, Icing, Fuel System, High Flash, NATO Code Number S-1745.

(ii) FSII shall be added to the fuel so that the resulting concentration in the final blend is between 0.07% and 0.10% by volume.

(iii) When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of required additive. This additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(3) CORROSION INHIBITOR/LUBRICITY IMPROVER (CI/LI). When required by contract line item-

(i) The additive must conform to MIL-PRF-25017H with Amendment 1, dated August 4, 2011 Inhibitor, Corrosion/Lubricity Improver, Fuel Soluble (NATO S-1747), found in ASSIST and shall be listed in the electronic Qualified Products List (QPL)- 25017, located in the Qualified Products Database (QPD) found at http://assistdocs.com.

(ii) The concentration of CI/LI added to the fuel must be between the minimum effective concentration and the maximum allowable concentration as listed for the CI/LI in QPL-25017.

(4) STATIC DISSIPATER ADDITIVE (SDA). When required by contract line item-

(i) SDA shall be added to the fuel and the conductivity limits of 50 to 600 picosiemens per meter (pS/m) at ambient temperature or

29.4oC (85oF), whichever is lower, unless otherwise directed by the procuring activity.

(5) METAL DEACTIVATOR (MDA). MDA shall not be used unless the supplier has obtained PRIOR written consent from the procuring activity.

(6) Product shall be homogeneously mixed. Until all aviation turbine fuel tanks are coated, it is acceptable to perform stratification tests in lieu of circulating tanks to achieve homogeneity.

(b) SPECIFICATION MODIFICATIONS

(1) Microseparometer (MSEP).

(i) The following MSEP ratings apply in the presence of the additives listed below. Values apply at point of manufacture:

REPORTS. Refer to the MATERIAL INSPECTION AND RECEIVING REPORT contract provision for reporting requirements.

C-0004 C16.08-2 TURBINE FUEL, AVIATION (JET A1) (INTO-PLANE) (DLA ENERGY OCT 2014)

Aviation turbine fuel shall conform to the requirements of ASTM D 1655, Standard Specification for Aviation Turbine Fuels, as modified below.

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-305-4096 Turbine Fuel, Aviation, Jet A-1 IA1

(a) ADDITIVES.

(1) FUEL SYSTEM ICING INHIBITOR (FSII). When FSII is required by contract line item—

(i) The fuel shall contain 0.04 to 0.15 percent by volume FSII.

(ii) The FSII shall conform to the requirements of the latest version of specification MIL-DTL-85470B dated June 15, 1999, Inhibitor, Icing, Fuel System, High Flash NATO Code Number S-1745, found in the Acquisition Streamlining and Standardization Information System (ASSIST) database, or ASTM D 4171, Standard Specification for FSIIs, Type III.(iii) When using the 20-ounce aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of additive required. The additive shall be added gradually during filling to permit proper blending in the fuel. One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(2) CORROSION INHIBITOR / LUBRICITY IMPROVER (CI/LI). When CI/LI is required by contract line item— The additive shall conform to MIL-PRF-25017H, Amendment 1 dated August 4, 2011, Inhibitor, Corrosion / Lubricity Improver, Fuel Soluble (NATO S-1747), and shall be added at the appropriate concentration as cited in the electronic Qualified Products List (QPL)-25017 located in the Qualified Products Database (QPD). To access the concentration information listed in the QPD, go to the Qualified Products Database website at http://qpldocs.dla.mil/, perform a search for QPL Number 25017, and then click the link labeled “MIL-PRF-25017 Category 1.” The minimum effective and maximum allowable concentrations of each additive are located under the “source notes” link on the right side of the page.

(3) STATIC DISSIPATER ADDITIVE (SDA). When required, the conductivity range shall fall between 50 and 700 picosiemens/meter at ambient temperature or 29.4 degrees Celsius (85 degrees Fahrenheit), whichever is lower.

The following electrical conductivity additive is approved: Stadis® 450 marketed by Innospec Fuel Specialties (formerly Octel Starreon LLC), Newark DE 19702.

Jet-AAdditive MSEP Rating, min.

Fuel System Icing Inhibitor (FSII) 85

Corrosion Inhibitor/Lubricity Improver (CI/LI) 80 Fuel System Icing Inhibitor (FSII) and

Corrosion Inhibitor/Lubricity Improver (CI/LI) http://assistdocs.com/

C-0005 C16.64-4 TURBINE FUEL, AVIATION (JP8) (INTO-PLANE) (DLA ENERGY March 2016)

Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133J, dated December 16, 2015, TURBINE FUEL, AVIATION, KEROSENE TYPE, JP-8 (NATO F-34).

NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE

9130-01-305-5597 Turbine Fuel, Aviation IP8

ADDITIVES. Additives in accordance with MIL-DTL-83133J dated December 16, 2015 and as modified below are required for deliveries of JP8 at the skin of the aircraft.

(1), ANTIOXIDANT: Antioxidant additive shall be added.

(c) FUEL SYSTEM ICING INHIBITOR (FSII).

(1) The fuel shall contain 0.04 to 0.5 percent by volume FSII.

(2) The FSII shall conform to the requirements of the specification MIL-DTL-85470B dated June 15, 1999, Inhibitor, Icing, Fuel System, High Flash NATO Code Number S-1745, found in the Acquisition Streamlining and Standardization Information System (ASSIST) database, or Standard Specification for Fuel System Icing Inhibitors ASTM D 4171, Type III.

(3) When using the 20-ounce “Prist” aerosol can to introduce FSII during over the wing refueling, determine the fuel quantity and calculate the amount of additive required. The additive shall be added gradually during filling to permit proper blending in the fuel.

One can of aerosol additive will inhibit 180 gallons of fuel to 0.087 percent by volume. The use of aerosol FSII is not permitted for U.S. Navy aircraft refueling.

(3) CORROSION INHIBITOR / LUBRICITY IMPROVER (CI/LI). The additive shall conform to MIL-PRF- 25017H, Amendment 1 dated August 4, 2011, Inhibitor, Corrosion / Lubricity Improver, Fuel Soluble (NATO S-1747), and shall be added at the appropriate concentration as cited in the electronic Qualified Products List (QPL)-25017 located in the Qualified Products Database (QPD). To access the concentration information listed in the QPD, go to the Qualified Products Database website at http://qpldocs.dla.mil/, perform a search for QPL Number 25017, and then click the link labeled “MIL-PRF-25017 Category 1.” The minimum effective and maximum allowable concentrations of each additive are located under the “source notes” link on the right side of the page.

(4) STATIC DISSIPATER ADDITIVE (SDA). The conductivity range shall fall between 50 and 700 picosiemens/meter at ambient temperature or 29.4 degrees Celsius (85 degrees Fahrenheit), whichever is lower.

g electrical conductivity additive is approved: Stadis® 450 marketed by Innospec Fuel Specialties l Starreon LLC), Newark DE 19702.

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Supplies, as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government, for acceptance, only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

http://qpldocs.dla.mil/

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; PROVIDED, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; PROVIDED, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

E-0001 ENERGY QAP E1.09 RAPID REFUELING REQUIREMENTS (DLA ENERGY JAN 2016)

(a) SCOPE.

(1) PURPOSE. This quality assurance provision (QAP) sets forth minimum requirements for rapid refueling of rotary

(including tilt rotor) and fixed wing aircraft with kerosene-based fuels such as Jet A, Jet A1, or JP-8/F-24 (low flash fuels such as Jet B or JP4 are specifically excluded) on U.S. Government procurement contracts at commercial airports. Rapid refueling of fixed wing propeller aircraft is not authorized. These requirements are in addition to those established under the SPECIFICATIONS (INTO- PLANE) quality assurance provision.

(2) APPLICATION. The guidelines provided in this quality assurance provision apply to all commercial facilities where a

U.S. Government into-plane servicing contract is in force for rapid refueling of…