2.3W+Intoplane+Additional+Information.docx

SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED

(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.

(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 for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS.

(f) 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

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.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS

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 .)

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. 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?

VIII. 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 (571) 767-8420.

ECONOMIC PRICE ADJUSTMENT – MARKET PRICE

provision; and 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

(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.

(c) The term week is a consecutive seven-day period beginning on a Monday. 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 DLAEnergy 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 350 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

(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

NOTE: Prices posted to the DLA Energy webpage, also known as Prices to Web. The Government does not warrant the accuracy of this calculation. The contractor has a duty to independently verify the calculation of the price adjustment prior to submitting an invoice. The contractor shall notify the contracting officer of any discrepancy in the calculation of the price adjustment for resolution prior to submitting an invoice. The contractor shall be liable to the Government for any administrative fee charged by the AIR Card® contractor to reprocess a transaction to correct any overpayment or underpayment resulting from the contractor’s failure to verify the calculation of the price adjustment prior to invoicing.

DELIVERY AND INVOICING REQUIREMENTS

(a) GENERAL DELIVERY CONDITIONS. Except as otherwise provided in the Schedule--

(1) Delivery shall be made f.o.b. to the aircraft or specified Government equipment.

(2) The Contractor shall provide a responsible point of contact 24 hours a day, 7 days a week.

(3) Requests for delivery shall be made by the Ordering Officer, and the Contractor shall deliver the product to be furnished by all methods of delivery.

(4) Defuel and reservice of product from aircraft shall be processed as a ground service. In contracts where defuel and reservice have been authorized as a separate contract line item number (CLIN), the DEFUELING/RESERVICING contract provision applies.

(5) If an into-truck or into-bladder line item is awarded, the Contractor shall deliver the product into U.S. Government-owned or leased refueling units via a permanently installed bulk storage dispensing system located at the airport or the Contractor's facility.

(6) Regularly scheduled aircraft to be refueled have priority over unscheduled aircraft and shall be serviced promptly upon arrival. Unscheduled aircraft to be refueled shall be serviced promptly on a first come, first served basis. Where advance notice requirements apply for afterhours refueling, such aircraft shall be serviced promptly at the conclusion of any required advance notice period.

(7) The Contractor is authorized to make deliveries of awarded products into U.S. Government aerospace ground support equipment as requested by the Ordering Officer. Such deliveries into other than aircraft or refueling units shall be treated as deliveries into aircraft.

(8) The unit of quantity, as used in this contract, shall be in U.S. gallons of 231 cubic inches. The quantity delivered hereunder shall be determined by calibrated meter and shall be determined as net for invoicing purposes.

(9) Where calibrated meters are rated in liters and imperial gallons, the following conversion factors shall be used to obtain U.S. gallons:

(i) Multiply liters by 0.264172.

(ii) Multiply imperial gallons by 1.2009.5

(b) PREPARATION OF DELIVERY RECORDS FOR ELECTRONIC POINT OF SALE AND MANUAL PROCESSING OF AVIATION INTO-PLANE REIMBURSEMENT (AIR) CARDS.

(1) For refueling purposes, the Ordering Officer (aircrew member) will provide a U.S. Government/AIR Card® (commercial purchasing card). The AIR Card® is blue in color with an image of a globe and an F35 Aircraft in the background, black lettering, with DLA and AIR Card® Contractor (ACC) logos.

(i) Electronic Point of Sale (POS) Reader, Electronic Reader, and Internet Transactions – ACC Provided Readers.

(A) In accordance with the AIR Card® contract, the ACC will develop and maintain an electronic POS reader for collection of AIR Card® transaction data at no cost to DLA Energy into-plane Fixed- Base Operators (FBOs).

(B) The electronic POS readers are enabled to collect both contract and non-contract transaction details. In addition to a primary ACC device, the ACC will actively work to add the capability to read and transmit AIR Card® transaction details to other electronic POS devices already deployed and used for other proprietary aviation networks. If the Contractor has a POS reader that has not been provided by the ACC, the Contractor shall test the transaction with the ACC to ensure that the applicable reader software is compatible with the ACC equipment. The reader must be programmed to reflect the DLA Energy contract award information. Standard commercial readers programmed only for commercial transactions may not be used unless tested and reprogrammed with the ACC.

(C) Manual Transactions. Using a mechanical imprinter, the Contractor shall ensure the data embossed on the AIR Card® is transferred onto the commercial delivery receipt or U.S. Government form.

(D) Internet Transaction. AIR Card® merchants that maintain accounting systems that can be programmed to produce an electronic file versus a paper invoice for a group or series of fuel deliveries, shall submit these electronic files via secure settlement gateways in lieu of submitting paper invoices through the mail or by fax. The requirements follow those for the merchants within the United States submitting their invoices via an electronic Point of Sale (POS) device. The invoice must meet the same information requirements for a paper invoice as directed by the Defense Logistics Agency Energy. Upon request, the merchant must provide supporting documentation to validate a charge to the AIR Card®, for example, a signed delivery ticket. If the documentation provided does not support the charge, then the charge is subject to a chargeback to the merchant, and may result in a credit to the cardholder's account.

To begin submitting invoices electronically, merchants are required to contact the Contracting Officer for further information and direction.

(2) In the event the Ordering Officer fails to physically show the blue AIR Card® to the Refueler, the Ordering Officer and refueling crew will jointly and physically verify the tail number of the aircraft to be refueled or, in the case of the U.S. Navy, the Navy Unit Identification Number/Serial Number and the aircraft's home station and address. The Ordering Officer may also obtain the AIR Card® number by calling the ACC at 1-866- 308-3811 or international collect at 1-913-217-9303. If the Ordering Officer is unable to provide either an AIR Card® or to obtain the requisite AIR Card® information via the aforementioned phone numbers, the purchase shall be processed as a local purchase. The Contractor shall forward the Standard Form 44 used for local purchases to DLA Energy-RRF for validation and processing. If the aircrew does not comply with the above while at the contract location, the Contractor shall notify the DLA Energy Contracting Officer of the incident, in writing, within 72 hours of occurrence in an effort to further educate the aircrew of the required into-plane procedures. Written notification to the Contracting Officer shall explain the situation, the method of purchasing, and identification of the aircrew and unit that failed to have the proper identification card.

(3) The Contractor shall ensure at a minimum that the following data are recorded (printed or a combination of printing and imprinting) on the delivery receipt after the Ordering Officer presents an AIR Card®. The Contractor shall record deliveries to all U.S. or U.S.-designated aircraft on a commercial delivery receipt or U.S. Government form.

(i) Merchant Identification Number (MIN) (available from the ACC – Call 1-866-308-3811) or the four character ICAO airport identifier.

(ii) AIR Card® Number (Carnet number);

(iii) Tail number/Side number or Navy Unit Identification Code/Serial Number (no more than 10 characters: alpha/numeric);

(iv) Contract Number;

(v) Delivery date reflected as MM/DD/YYYY.

(vi) Grade of fuel;

(vii) Net quantity of fuel delivered, which must be clearly stated on each delivery ticket in either U.S. gallons or liters (expressed in whole numbers only). The unit of measure must be clearly identified on each delivery ticket;

(viii) Overtime charges. If authorized under the contract, these charges shall be documented by annotating the start and stop times and the total time for overtime charges; i.e., 1 hour and 15 minutes would be reflected as 1.25; 2 hours and 30 minutes would be reflected as 2.50. If the Contractor fails to annotate the time on the delivery receipt, the Contractor's annotated delivery ticket signed by the Ordering Officer is also acceptable to substantiate overtime charges. Billing of the overtime will be on the same invoice as the applicable delivery; and

(ix) Defuel/Reservice if authorized under the contract.

(c) SIGNATURE OF ORDERING OFFICER.

(1) Receipts are to be signed by the Pilot/Crew Member, or they will not be paid.

(d) SUBMISSION OF INVOICES FOR PAYMENT FOR MANUAL TRANSACTIONS.

(1) The Contractor shall prepare and the Ordering Officer will sign a commercial delivery receipt, sales ticket, or U.S. Government form at the time of delivery. One copy of the delivery receipt must be furnished to the pilot or crew chief at the time of delivery. A copy of the delivery receipt/ticket shall be retained by the Contractor and a copy of the delivery receipt/ticket shall be processed with the Contractor’s invoice to the ACC.

(2) For deliveries of product into-plane, into-truck, or into-bladder to U.S.-designated aircraft or authorized users, Contractors shall submit invoices, together with the information outlined in (b) (3) above, and a summary of commercial delivery receipt information or sales data by one of the following methods:

(i) Via electronic mail (e-mail). Electronic invoices shall be sent to the ACC via email to invoices@aircardsyss.com or by flat file or other format acceptable to the ACC. Email is accepted at any time; however, Contractors shall make the necessary arrangements through the ACC prior to submitting other electronic data.

(3) By submission of an invoice for payment processing, the Contractor certifies that all delivery receipts supporting the subject invoice were signed by an Ordering Officer from an aircraft of an authorized user listed in this contract provision. Summary delivery receipt data submitted by the Contractor shall contain the information noted in (b) above.

(4) DFAS Columbus will be responsible for making payments in U.S. dollars on all contract line items awarded.

(5) In addition to the elements listed in the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(6) clause, the elements of a proper into-plane invoice from the Contractor to the ACC are as follows:

Contract number Delivery date Total dollar value of the non-fuel products of the invoice Delivery ticket numbers

AND

AIRCRAFT INFORMATION

AIR Card® Details

AIR Card® Number (Carnet Number) Tail Number/Side Number or Navy Unit Identification Code/Serial Number

NOTE: The Contractor shall not submit duplicate invoices (for example, faxing and then mailing the same invoice, swiping and AIR Card® more than once for the same transaction, etc.). In the event that DLA Energy, DFAS, or the ACC requests an additional copy of an invoice, the Contractor must clearly mark the submission as “DUPLICATE.” Additionally, if the Contractor sends a corrected invoice, the Contractor shall clearly mark the submission as a “CORRECTED INVOICE” and provide the invoice number previously submitted and being corrected by the new submission. Failure to properly mark duplicate or corrected invoices may result in both the original and subsequent submissions being deemed “improper invoices” and delay payment.

NOTE: Tax exemption documents, customs clarification sheets, etc., shall also include the contract number, CLIN, and applicable invoice number that shall be sent to the ACC along with the invoice package. Only one applicable document per invoice is allowed.

(e) ANCILLARY GROUND SERVICES. The AIR Card® can also be used to purchase authorized ground services. At a minimum, allowable ground/ramp services are stated below.

(1) Defuel/reservice;

(2) Aircraft landing, ramp or parking fees;

(3) Slot time fees;

(4) Necessary ground equipment service (i.e., GPU, baggage conveyer belt, electrical grounding hookup, stairs, start carts, etc.);

(5) Aircraft housekeeping or cleaning services (i.e., trash collection, vacuuming, lavatory servicing, potable water, etc.);

(6) Catering for passenger flights only (i.e., food and non-alcoholic beverages for non per diem passengers only)

(7) Supplies (i.e., maps, navigational aids);

(8) Security services for the aircraft at the airport or airfield;

(9) De-icing services;

(10) Custom fees, except those paid on fuel, (if paid by refueling vendor);

(11) Lubrication oils, both synthetic and petroleum based;

(12) Hydraulic Fluid; and

(13) Aviator breathing oxygen (ABO).

Reimbursements for ground services are made by the ACC directly; therefore, Contractors should contact the ACC for applicable merchant agreements and payment terms and conditions for non-contract line items that will not be reimbursed by DLA Energy or DFAS Columbus. The ACC will accept a consolidated invoice that reflects both contract refueling and ground services received; provided the services have been performed by the same vendor. In the case of defuel and reservice where fuel is defueled and later reserviced with additional fuel quantity being required, the Contractor will bill for the additional quantity at the current escalated contract price.

(f) AUTHORIZED USERS. The following aircraft are authorized to obtain fuel at DLA Energy contract locations:

(1) Aircraft of all Department of Defense components including the National Guard and Reserve activities;

(2) Agency aircraft of other departments and agencies of the U.S. Government.

(3) Aircraft of the German Air Force presenting a valid AIR Card®;

(4) Foreign Military Sales (FMS) aircraft that present an AIR Card®;

(5) VIP aircraft are authorized but not mandated to use the DLA Energy into-plane contracts for refueling at commercial locations.

(6) Incognito aircraft not wishing to be identified as U.S. Government or military-related must present a commercial ACC card to the Contractor requesting open market price fuel. Written authorization from the Contracting Officer may be provided as well.

(7) Military aircraft participating in a civil Air Show are authorized but not mandated to use the DLA Energy into-plane contract for refueling during the specified Air Show duties.

DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) Quality Assurance Representative (QAR) is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services.

(b) Ordering Officer means whichever of the following or their designated representatives is applicable: (1) the Commander, DLA Energy; (2) the Commander, Defense General Supply Center; (3) the Commander, U.S. Army Petroleum Center; (4) the Commanding Officer, U.S. Navy Petroleum Office; (5) the Director of Air Force Aerospace Fuels; (6) the Chief of the Air Force Aerospace Fuels Office; (7) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (8) the Commanding Officer or the Master of the vessel to be bunkered; (9) any Government Contractor furnishing evidence of authority to order under this contract; (10) the head of any Federal Government agency; (11) the pilot, the flight commander, the aircraft commander or the crew chief of the U.S. designated aircraft authorized to place orders against into-plane contracts; (12) the Contracting Officer; (13) the individual in charge of ordering coal at the receiving Government activity; (14) the driver of a Federal vehicle or boat, or the pilot of a Federal aircraft authorized to place orders under a service station contract; (15) the Navy Fleet Commanders; (16) the Defense Attaché .

(c) The acronym TK means tanker, B means barge, TC means tank car, T means truck, TT means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline, and MSS means Marine Service Station. The acronyms or terms TT or transport truck and TTR or truck and trailer mean tank truck equipment, whereas the acronym or term T or truck means truck equipment for hauling drummed or packaged supplies. The acronym SW means supplier's works, CFD means Contractor-furnished drum, and GFD means Government- furnished drum.

(d) Supplies mean all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(e) Acceptance means the act of an authorized Representative of the Government by which the Government, for itself, or as an agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract. For f.o.b. origin delivery acceptance occurs when the Government QAR signs the Material Inspection and Receiving Report (DD Form 250 series document). For f.o.b. destination delivery, acceptance occurs when the authorized Government Representative signs the DD Form 250 series document or the contractor's shipping document.

(f) Calibration means the comparison of a measurement system or device of unverified accuracy to a measurement system or device of known or greater accuracy to detect and correct any deviation from required performance specifications of the unverified measurement system or device.

(g) The terms isolated system and segregated system mean a system that has a positive separation from other systems in a tank farm through the means of blind flanges, locked double-block and bleed type valves, etc.

(h) Dedicated system means a system that is self contained and for the exclusive use of a particular product.

(i) Common system means a system that usually utilizes a manifold or pipeline that handles more than one product exclusively.

RELEASE OF PRICES

DLA Energy will release prices of successful Offerors after contract award pursuant to 10 U.S.C. 2305(g)(2), FAR 15.506(d)(2) and 32 CFR 286h-3. Prices are the bottom-line price and do not include any breakout of costs, such as transportation or overhead, and do not disclose the Offeror’s anticipated profit or any pricing factors.

AUTHORIZED NEGOTIATORS

The Offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

If a vendor has payment status questions, they may contact either DFAS-Customer Service at DFAS- CO_LC@DFAS.MIL or dial 1-800-756-4571 option 2, or contact their DLA Energy Contracting Officer, to obtain contract information from their contract.

Note: The aforementioned email address contains an underscore “_” between the “CO” and “LC”.

PROPOSAL ACCEPTANCE PERIOD

(a) Acceptance period, as used in this contract text, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This contract text supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of _180_ calendar days.

(d) If the Offeror specifies an acceptance period which is less than that required by the Government, such offer may be rejected.

(e) The Offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in (c) above or within any extension thereof that has been agreed to by the Offeror.

E-MAIL PROPOSALS

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(b) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address: DLA-Energy-PH.Requirements@dla.mil and jamika.forde@dla.mil

(2) The DLA Energy accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain Offeror's signature included in the attachment to the e-mail communication.

(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(e) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.

(f) The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

(g) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the Offeror and permit the Offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the Offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

(h) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful Offeror promptly shall submit the complete signed original proposal.

CONVERSION FACTORS

(a) This provision applies to all products except lubricating oils.

(b) The Offeror should use conversion factors that reflect its product characteristics and submit prices and transportation rates in the requested units. In the event prices or transportation rates are not submitted in the requested units, the following conversion factors based on an assumed density for the product will be used by DLA ENERGY in the evaluation of the offer.

(1) TABLE I.

(2) TABLE II.

DENSITY TYPICAL

BARRELS PER

GALLONS PER

LITERS PER BARRELS PER

AUTOMOTIVE

AVIATION

BURNER FUEL OILS

FUEL OIL NO. 5

FUEL OIL NO. 5

FUEL OIL NO. 6

976.6

13.3

6.450

270.90

1023.96

6.554

275.25

DIESEL FUELS

37.0

7.507

315.30

1191.47

7.628

320.36

INTERMEDIATE FUEL OILS

IFO 180 965.3 15.0 6.526 274.09 1035.95 6.630 278.48

JET FUELS

JP4/JET B

764.6

53.5

8.243

346.22

1307.87

8.376

351.78

JP8/JET A1/F34/TS1

805.9

44.0

7.820

328.42

1240.85

7.945 333.69

JET A

814.2

42.2

7.739

325.04

1228.20

7.863

330.26

KEROSINES (ALL)

815.2

42.0

7.730

324.68

1226.69

7.854 329.88

NAVAL DISTILLATE FUEL (F76) AND

DFW (F75) 844.3 36.0 7.463 313.43 1184.41 7.582 318.46

(3) TABLE III.

ASSUMED DENSITY

PRODUCT 20 deg C/20 deg C g/mL lb/gal Kg/gal

FSII DIEGME 1.025 8.561 3.884

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS)

(a) Offerors are expected to submit offers in full compliance with all terms and conditions of this solicitation.

(b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either--

(1) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or

(2) The exception/deviation is acceptable.

(c) If the exception/deviation is in reference to a specification contained in this solicitation and the Offeror cannot supply product fully meeting the required specification(s), the product can be offered for consideration provided the Offeror clearly indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s).

(d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this solicitation, the offer can be considered provided the Offeror clearly indicates, by attachment to the offer, the extent to which its offer differs from those requirements.

(e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from making an award under those circumstances.