SPE60818R0202_RFP.pdf

RFP SPE608-18-R-0202 (1.3A)

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INSERT SF 1449

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INSTRUCTIONS TO OFFERORS

(PLEASE READ THE FOLLOWING CAREFULLY)

A. SOLICITATION CLOSING DATE: Monday, May 7, 2018 at 3 p.m. LOCAL TIME, FORT BELVOIR, VIRGINIA. Any offer received after this time will be considered “late” and may be determined unacceptable.

B. EVALUATION CRITERIA: Offers will be evaluated based on a consideration technical capability, price, and a determination of responsibility. Lowest Price Technically Acceptable (LPTA) source selection process will be used. The evaluation factors that establish the requirements of acceptability shall be price and technical capability.

C. OFFER SUBMISSION: An offer may be on one or more individual contract line items.

For your offer: If commitment letters and COAs or COQs are not turned in with your completed offer submission package then your package will be considered incomplete and your offer may be rejected.

a) Complete and submit all forms in the Offer Submission Package (OSP)

b) For each line item offered on: Provide a Certificate of Analysis (COA) or Certificate of

Quality (COQ) showing all the test results required by the Specification clauses. Annotate on the specification sheet the item number(s) it pertains to.

c) For each line item offered on: Provide Commitment Letters from your subcontractors indicating that, if your Company is awarded a contract, your subcontractors will provide/distribute the required product in accordance with the terms and conditions of the contract.

d) Review the supply schedule under the OSP, attachment A-1, for the delivery narratives, you are offering on. SUBMIT your offer(s) on Attachment A-2, OFFER DATA SHEET.

e) Sign (in ink) the Standard Form 1449 in block 30a, print your name and title in block 30b, and date block 30c.

f) Either scan and email or FAX your offer:

•FACSIMILE OFFERS are authorized in accordance with Clause L-0002 L2.11-3 FACSIMILE PROPOSALS – COMMERCIAL ITEMS (DLA ENERGY NOV 1999). When submitting your offer through facsimile transmission, fax to the ATTENTION of Crystal Willis or Diana Knight/ DLA Energy-FEPEC at (571) 767-8506. Please also email Crystal Willis or Diana Knight to make them aware that you have FAXED your OSP.

• EMAIL OFFERS may be submitted in accordance with Clause L-0003 -L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010). Email your completed offer to CRYSTAL.WILLIS@DLA.MIL and DIANA.KNIGHT@DLA.MIL

IMPORTANT: Our email system cannot efficiently receive emails over 5 MB. If your offer is very large please break it down into several emails. Within one (1) business day of receipt we will reply that your email is received. If you do not receive confirmation please contact us.

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Do not wait until the last day to submit your offer. Offers received after the Closing Date/Time will be considered late and handled in accordance with FAR 52.212-1(f).

D. OFFER PRICES: Must be “as delivered,” which means that all applicable costs (transportation, taxes, fees, and other charges) must be included in the offer price. The submitted offer must be in the English language and all prices must be in U.S. Dollars per metric ton. Offerors are advised to submit their best prices with their initial proposal since the Government reserves the right to award a contract without discussions.

E.. EXCEPTIONS: Exceptions to the specifications, terms, and conditions of this solicitation may be considered pursuant to Provision M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) . Clearly indicate any exceptions and the extent to which your offer differs from the solicitation requirements in a letter attached with your offer, or in Attachment C, Data Sheet for Proposed Exceptions.

F.. TAX AND DUTY INFORMATION: You are directed to Provision K-0004 K86 FOREIGN TAXES. The offeror is responsible for knowing applicable taxes to include in the offered price(s).

G. SITE VISITS: You are directed to Clause L-0004 L54, SITE VISIT (DLA ENERGY OCT 1992). DLA Energy encourages all potential Offerors to call or visit the sites in which they intend to submit an offer(s).

H. OFFER EXPIRATION DATE: Offerors agree to honor prices indicated in their offer for 180 calendar days from the date specified for receipt of offers.

I. SYSTEM FOR AWARD MANAGEMENT (SAM): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Contractors register one time and confirm on an annual basis that their SAM registration is complete and accurate. Offerors may obtain information on registration and annual confirmation requirements via Internet at https://www.sam.gov/portal/SAM/. Insert your CAGE code in Block 17a on the Standard Form 1449. Registration in SAM takes time so please plan accordingly.

J. DATA UNIVERSAL NUMBERING SYSTEM (DUNS): Insert your DUNS number in Block 17a on the Standard Form 1449. The DUNS number is assigned by Dun and Bradstreet, Inc. (D&B).

Offerors may obtain a DUNS number via the Internet at http://fedgov.dnb.com/webform.

K. NOTICE TO ALL OFFERORS: Due to potential threats, please be aware that each port has its own Force Protection Procedures, which the U.S. Navy Husbanding Service Provider (HSP) performs.

These strict security procedures (vetting) may include, but are not limited to: searches of delivery vehicle(s)/ vessels; identification/ background check of delivery personnel; security swimmers search under and around delivery / receiving vessels. Contractors will be responsible for the vetting of their subcontractor’s ability to deliver to required locations.

https://www.sam.gov/portal/SAM/

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L. SEACARD®: All potential contractors will be required to participate in the SEACARD® Program. Contractors must be able to receive orders, complete transaction data and invoice for contracts via the internet. See Clause G-0005-G153.01, SUBMISSION OF INVOICES FOR NON- FUEL CHARGES (BUNKERS) (DLA ENERGY OCT 2008). Please be aware of the following: Fuel purchased under DLA Energy bunker contracts are not charged transaction processing fees. For non-contract (open market) business and non-fuel charges, each SEA Card® Merchant is charged a processing fee as determined by its merchant agreement. In exchange, SEA Card® Merchants receive quicker reimbursements and benefit from reduced administrative workload. (See SeaCard® Program Information & FAQ at https://www.seacardsys.com/help/help_index.html ).

M. All Bunker deliveries must meet MARPOL ANNEX VI requirements.

N. REQUIREMENTS CONTRACT: Please note that contracts awarded as a result of this solicitation shall be “Requirements-type,” in accordance with Clause B-0001 B1.04-1, SUPPLIES TO BE FURNISHED (SHIPS BUNKERS) (DLA ENERGY) (JUN 2013). This means there are no guarantees of minimum lifts, or any lifts at all. The total estimated quantity listed in the solicitation is a good-faith best estimate of projected usage during the contract period. In addition, the contract is not completed or fulfilled if the total estimated quantity is lifted or exceeded.

O. PRIMARY SOLICITATION POINT OF CONTACT: For clarification, explanation, and additional information, please contact Ms. Crystal Willis at (571) 767-8392 or

CRYSTAL.WILLIS@DLA.MIL.

https://www.seacardsys.com/help/help_index.html mailto:CRYSTAL.WILLIS@DLA.MIL

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TABLE OF CONTENTS

CLAUSE # Page #

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DLA ENERGY JUN 2013) 11

B-0002 B19.20 ECONOMIC PRICE ADJUSTMENT – DAILY MARKET PRICE INDICATORS 20

(SHIPS’ BUNKERS) (DLA ENERGY JUN 2017)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

ENERGY QAP C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (BUNKERS) 22

(DLA ENERGY FEB 2018)

SECTION E: INSPECTION AND ACCEPTANCE

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

ENERGY QAP E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) 25

(DLA ENERGY JAN 2013)

ENERGY QAP E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 26

ENERGY QAP E18.01--SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 26

ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 26

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS 27

(DLA ENERGY APR 2016)

ENERGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) 29

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 29

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) IBR

F-0001 F1.01-2 BUNKERING PROVISIONS (DLA ENERGY JAN 2012) 32

F-0002 F3.01 TRANSPORT TRUCK, TRUCK AND TRAILER AND/OR TANK WAGON FREE TIME 36

F-0003 F16.03 BARGE UNLOADING CONDITIONS (SHIPS' BUNKERS) (DLA ENERGY JAN 2012) 37

SECTION G: CONTRACT ADMINISTRATION DATA

G-0001 G9.07--ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE 40

(DLA ENERGY JUL 2007)

G-0002 G150.01--SUBMISSION OF INVOICES FOR PAYMENT (SHIPS' BUNKERS) INVOICING FOR 43

FUEL DELIVERIES (DLA ENERGY NOV 2008)

https://www.acquisition.gov/sites/default/files/current/far/html/52_246.html#wp1118712 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1155803

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G-0003 G153.01 SUBMISSION OF INVOICES FOR NON-FUEL CHARGES (BUNKERS) 44

(DLA ENERGY OCT 2008)

FAR 52.232-35 -- DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER 46

INFORMATION. (JUL 2013)

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 – GRATUITIES (APR 1984) IBR

FAR 52.203-19 – PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY IBR

AGREEMENTS OR STATEMENTS (JAN 2017)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010) 47

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) IBR

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) IBR

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 50

FAR 52.209-6 -- PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH IBR

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

FAR 52.209-9 – UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING IBR

RESPONSIBILITY MATTERS (JUL 2013)

FAR 52.209-10 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) IBR

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) 51

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (JAN 2017) 51

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 63

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2018

FAR 52.216-21 REQUIREMENTS (OCT 1995) 69

FAR 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION IBR

OF CONTRACT (FEB 2000)

FAR 52.229-6 TAXES- FOREIGN FIXED- PRICE CONTRACTS (FEB 2013) 69

FAR 52.229-7 TAXES- FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (FEB 2013) IBR

FAR 52.232-17 – INTEREST (MAY 2014) IBR

FAR 52.233-1 – DISPUTES (MAY 2014) IBR

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FAR 52.233-3 -- PROTEST AFTER AWARD (AUG 1996) IBR

FAR 52.242-13 – BANKRUPTCY (JUL 1995) IBR

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

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 71

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD 72

OFFICIALS (SEP 2011)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT 72

REPORTING (OCT 2016)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION 77

SUPPORT (MAY 2016)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT 77

HOLDERS (DEC 1991)

DFARS 252.225-7021 TRADE AGREEMENTS (DEC 2017) 78

DFARS 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 82

DFARS 252.225-7033 WAIVER OF UNITED KINGDOM LEVIES (APR 2003) 82

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) 83

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS 83

OUTSIDE THE UNITED STATES (JUNE 2015)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC 84

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEPT 2004)

DFARS 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997) 86

DFARS 252.229-7001 TAX RELIEF (SEPT 2014) 86

DFARS 252.229-7001 TAX RELIEF—ALTERNATE I (SEP 2014) 86

DFARS 252.229-7003 TAX EXEMPTIONS (ITALY) (MAR 2012) 87

DFARS 252.229-7005 TAX EXEMPTIONS (SPAIN) (MAR 2012) 88

DFARS 252.229-7006 VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (DEC 2011) 88

DFARS 252.229-7007 VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUN 1997) 89

DFARS 252.229-7008 RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (DEC 2011) 89

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DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING 89

REPORTS (JUN 2012)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 90

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) 90

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 91

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 91

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) 91

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014) 92

DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) 94

DLAD 52.233-9001 DISPUTES: AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (DEC 2016) 95

I-0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL 95

ITEMS (DLA ENERGY FEB 1996)

I-0002 I190.06 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (DLA ENERGY APR 2006) 96

I-0003 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 96

SECTION J: LIST OF ATTACHMENTS

SF1449 STANDARD FORM 1449 97

ATTACHMENT A-1 SCHEDULE OF SUPPLIES 97

ATTACHMENT A-2 OFFER DATA SHEETS 97

ATTACHMENT B BASE REFERENCE PRICES 97

ATTACHMENT C DATA SHEET FOR PROPOSED EXCEPTIONS 97

ATTACHMENT D LOCATION OF FACILITIES WORKSHEET 97

ATTACHMENT E OFFER SUBMISSION PACKAGE 97

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN 98

FEDERAL TRANSACTIONS (SEPT 2007)

FAR52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL IBR

CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017)

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FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) IBR

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) IBR

FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) IBR

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS— IBR

REPRESENTATION (NOV 2015)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 98

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 99

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY 101

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017) 101

FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) IBR

FAR 52.225-25 PROHIBITION OF CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR 111

TRANSACTIONS RELATING TO IRAN – REPRESENTATIONS AND CERTIFICATIONS (OCT 2015)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER 112

DOD OFFICIAL (NOV 2011)

DFARS 252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015) 112

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE (NOV 2014) 113

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY 113

THAT IS A STATE SPONSOR OF TERRORISM (JAN 2018)

DFARS 252.229-7012 TAX EXEMPTIONS (ITALY)—REPRESENTATION (MAR 2012) 114

DFARS 252.229-7013 TAX EXEMPTIONS (SPAIN)—REPRESENTATION (APR 2012) 115

DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA 115

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 115

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 115

K-0003 K45.04 FACSIMILE INVOICING (BUNKERS) (DLA ENERGY JUL 1998) 116

K-0004 K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 116

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) IBR

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152012 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152369 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152940 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144964 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163537

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FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) 117

FAR 52.212-1 ADDENDUM-INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) 120

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

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984) IBR

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) IBR

DFARS 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014) 120

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION 121

CONTROLS (OCT 2016)

DFARS 252.215-7008 ONLY ONE OFFER (OCT 2013) 122

DLAD L09 REVERSE AUCTION (OCT 2016) 123

L-0001 L2.11-3 FACSIMILE PROPOSALS - COMMERCIAL ITEMS (DLA ENERGY NOV 1999) 123

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 125

L-0003 L54 SITE VISIT (DLA ENERGY OCT 1992) 126

SECTION M: EVALUATION FACTORS FOR AWARD

M-0001 M19.08 EVALUATION (SHIPS' BUNKERS) (DLA ENERGY JAN 2012) 127

M-0002 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 128

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 130

FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS (OCT 2014) 130

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SECTION B: SUPPLIES OR SERVICES AND PRICE/ COST

B-0001 B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DLA ENERGY JUNE 2013)

(a) SHIPS' BUNKERS. Unless otherwise stated, the supplies shall be furnished f.o.b. destination as ships' bunkers into various types and sizes of U.S. military and federal civilian vessels for immediate consumption by the vessel. Unit prices are for product delivered inclusive of all delivery charges. Depending on the delivery conveyance's size, quantities ordered and delivered by truck or barge (as contracted) may require utilization of more than one truck or barge or return trips to fulfill the ordered fuel quantity.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in paragraph (i).

(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 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. In addition, if a Government facility is located near the bunkering location, 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. 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 by 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 specific 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 or 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.

(5) The Government agrees to order and the Contractor shall, if ordered, deliver during the contract period, at the unit prices hereunder, adjusted in accordance with the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS (SHIPS’

BUNKERS) clause or the ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG MARKET PRICE – OTHER THAN

PUBLICATION (SHIPS’ BUNKERS) contract provision of the contract (if applicable), the total actual requirements for the product(s) at the location(s) listed.

(6) Domestic requirements for ships' bunkers shall include all of the U.S. (including commonwealths and the District of Columbia), its territories, and possessions. Overseas requirements are those outside of the above. Domestic and overseas requirements are classified into separate Purchase Programs (PPs):

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Domestic:

PP 3.7 - Domestic Conus, AK, HI, PR, VI, and Guam.

Overseas:

PP 1.3 – AFRICOM

PP 1.3A – EUCOM

PP 1.3B – PACOM

PP 1.3C – SOUTHCOM

PP 1.3D – CENTCOM

(c) LINE ITEM SUPPLY SCHEDULE.

NATIONAL STOCK NUMBER PRODUCT/PRODUCT CODE SPEC CLAUSE

DOMESTIC

9140-01-313-7776 COMMERCIAL MARINE GAS OIL (MGO)/75 C16.23-2/52.246-9FAQ

9140-01-271-5280 INTERMEDIATE FUEL OIL 180/98 C36/52.246-9FFE

9140-01-235-2882 INTERMEDIATE FUEL OIL 380/96 C36/52.246-9FFE

OVERSEAS

9140-01-417-6843 COMMERCIAL MARINE GAS OIL (MGO)/61 C16.23-2/52.246-9FAQ

9140-01-417-6645 INTERMEDIATE FUEL OIL 180/62 C36/52.246-9FFE

9140-01-417-6632 INTERMEDIATE FUEL OIL 380/63 C36/52.246-9FFE

NOTE: Delivery of a single order may require multiple vehicles or trips.

The acronym TK means tanker, B means barge, TT or RTW means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline (ex-pipe/ex-wharf), and MSS means Marine Service Station.

(LENGTH OF PERIOD)

SUPPLY, BUNKER LOCATION, ESTIMATED QUANTITY UNIT PRICE PER

ITEM AND METHOD OF DELIVERY (UNIT OF MEASURE) (UNIT OF MEASURE)

SEE ATTACHMENT A-1

(d) DELIVERY MODE SPECIFICS. See also the BUNKERING PROVISIONS contract provision.

(1) PIPELINES. For all line items above that require pipeline (ex-pipe at pier or wharf) as the method of delivery, the exact location of the Contractor’s pipeline shall be listed below. NOTE: Access to the pipeline pier must be able to provide for vessels at least 90 feet in height. Specific obstacles such as bridges, jetties, locks, etc., must be advised below to include low and high tide and time. Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above Schedule.

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SPECIFIC PIPELINE MAXIMUM DRAFT &

ITEM DELIVERY LOCATION MEAN LOW TIDE/TIME OBSTACLES?

(2) TRUCKS. For all items above that require tank wagon, transport truck, and/or truck and trailer as the method of delivery, offerors must specify the capacity and pumping rate of the truck(s).

ITEM TRUCK CAPACITY TRUCK PUMPING RATE

(3) BARGE. Barge deliveries shall be required at pier-side and/or anchorage (inner and outer harbor). Pumping rates per delivery conveyance shall be as stated in BUNKERING PROVISIONS unless stated differently in the above Schedule.

(e) TAXES. Unless the contract provides otherwise, the contract price must include all applicable taxes and, for overseas items, duties. The offeror shall list below the specific name and amount of the taxes included in the price. If, when permitted by the contract, taxes are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these taxes below. These taxes shall apply when the U.S. Government does not have an exemption. See the FEDERAL AND

STATE TAXES/FEES contract provision and/or the TAXES - FOREIGN FIXED-PRICE CONTRACTS contract provision.

(X THE APPLICABLE COLUMN)

APPLICABLE TAX NAME INCLUDED IN TO BE INVOICED

ITEM AND AMOUNT PER UNIT UNIT PRICE SEPARATELY

NOTE: Please advise, per item, if offered product will have low or high sulfur content and/or if dyed or undyed, if not part of the current Schedule. Special note for overseas distillate items: if fuel is dyed per in-country mandated requirements, please so advise with specifics on the dye and its effect on fuel specifications.

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(f) LOCATION OF FACILITY (IES).

(1) Each Fuel Terminal, Transportation Type and Source, and Location of the Testing Facility are required for possible assignment, at origin, of Government Quality Assurance (inspection) Actions. Primary and alternates are requested. Government Quality

Assurance inspections at origin, if applicable, shall be assigned in (3) below. The following columns shall be completed by the offeror:

The facilities identified below by the offeror shall be used for the life of the contract.

(For barge and truck deliveries) TESTING FACILITY (IES)

TERMINAL NAME(S) AND TRANSPORTATION SOURCE(S) NAME(S) & FULL

ITEM(S) FULL PHYSICAL ADDRESS(ES) NAME(S) & FULL PHYSICAL ADDRESS(ES) PHYSICAL ADDRESS(ES)

SEE ATTACHMENT D

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NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A CERTIFICATE OF ANALYSIS (COA) OR A CERTIFICATE OF

QUALITY (COQ) SHOWING ALL THE TEST RESULTS REQUIRED BY THE DLA ENERGY MGO SPECIFICATION

CLAUSE. Please annotate the item number(s) on the COA or COQ that pertains to it.

ALL OFFERS MUST BE ACCOMPANIED BY SUPPLIER COMMITMENT LETTERS FOR EVERY LINE ITEM BID ON.

Please annotate the item number(s) on each commitment letter that pertains to it.

(2) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality Surveillance

Representative (QSR). The 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. The QSR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing services.

(3) The following may be completed by the Government at time of award. Government Source Inspection is required for items listed below:

(g) DELIVERY ORDERS.

(1) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities defined as an Ordering Officer. Any U.S. military and Federal civilian agency vessel may utilize this contract.

An Ordering Officer means whichever of the following (or their designated representatives) is applicable: (1) the Director, Defense

Logistics Agency Energy; (2), the Commander, U.S. Army Petroleum Center; (3) the Commanding Officer, U.S. Naval Operational

Logistics Support Center; (4) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the

Schedule; (5) the Commanding Officer or the Master of the vessel to be bunkered; (6) any Government Contractor furnishing evidence of authority to order under this contract; (7) the head of any Federal Government agency; (8) the Contracting Officer; (9) the Navy Fleet

Commanders; (10) the Defense Attaché Officer; (11) the authorizing ship manager (Contractor) for the Maritime Administration and/or

National Aeronautic and Space Administration (NASA) who is ordering ships; bunkers on behalf of Maritime Administration and/or

NASA vessels; (12) the ships’ husbanding agent, furnishing evidence of contractual authority, who passes the order (verbal or written) on behalf of the requesting Government vessel; (13) Military Sealift Command Fuel Ordering Officers. All delivery orders are subject to the terms and conditions of this contract. In the event there is a conflict between a delivery order and this contract, the contract shall control.

(2) ORAL ORDERS. Bunker fuel orders may be issued orally or in writing. An oral delivery order may be considered issued by the Ordering Officer when it is verbally assigned a purchase order and/or delivery order number and the delivery specifics have been verbally communicated to the Contractor. A verbal delivery order number may also be the Date Time Group (DTG) number from the vessel's Logistics Requirements (LOGREQ) Report issued to a Government shore activity or contracted husbanding agent. Contractors are encouraged to request evidence to substantiate a verbal delivery order. For military and U.S. Coast Guard vessels, a contracted husbanding agent or Government shore activity may serve as liaison for the requesting vessel to be bunkered. The

Government shore activity or contracted husbanding agent will pass the above-described oral order issued by the vessel, along with evidence of this order, to the Contractor in a timely manner and will coordinate the delivery of the fuel. The husbanding agent, not having authority to bind the Government, must clearly advise the Contractor of its role in this arrangement and show valid evidence (DTG from

LOGREQ copy of e-mail or LOGREQ from vessel to husbanding agent, etc.) of the order requirement initiated by the U.S. Government vessel.

(3) WRITTEN DELIVERY ORDERS. For all orders, the appropriate ordering office/officer will provide a signed, written order--

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(i) A Department of Defense (DD) Form 1155 for DoD agencies;

(ii) An Optional Form (OF) 347 for all Federal/Civilian Agencies;

(iii) A Commerce Department (CD) Form 404 for the National Oceanic and Atmospheric Administration; or

(iv) An SF 1449 for all of the above--to the Contractor or its designee in place of or after issuing the above-described oral order. The written delivery order will be provided to the Contractor, or its designee, prior to or at completion of delivery; however, Contractors are highly encouraged to request the written delivery order prior to completion of the delivery if not already received. The order form must, at a minimum, include the contract number, Contractor’s name and address, contract line item number, payment office, signature of the Ordering Officer, ships’ ordering and payment information, and quantity of fuel ordered. In the event a written delivery order is not provided after delivery, the Contractor shall promptly contact the DLA ENERGY Contracting Officer for assistance. The ordering office's failure to issue written confirmation, or the

Contractor's failure to receive written confirmation, does not relieve the Contractor from its obligation to perform in accordance with the oral order.

(4) SHIPS’ BUNKERS EASY ACQUISITION (SEA) CARD. The SEA Card Order Management System

(SCOMS) is an Internet-based operating system that automates ordering, receipt, delivery and invoicing for all bunkers contract transactions. Orders issued via SCOMS satisfy the requirements for written delivery orders set forth above. The Contractor agrees to use the automated SCOMS system for all orders placed using SEA Card processes. In the event the Ordering Officer cannot access the web-based system to place an order, a verbal order will be placed with the SEACARD 24-hour Help Desk at 1-866-308-5475 The Help Desk will process the order to the Contractor and follow up with data input assistance before the close of the following business day. For orders not placed using SEA Card processes, the manual procedures outlined in paragraph (3) are authorized. Other than the SEA Card, credit cards of any type shall not be used to create a delivery order under this contract

(5) CANCELLATION OF ORDERS. Orders placed under this contract may be cancelled by an authorized Ordering

Officer within the following time period without incurring cancellation charges:

(i) Delivery into Government vessels (to include dredges and barges) by means of transport truck, truck and trailer, tank wagon, Marine Service Station, or pipeline. No less than 24 hours prior to the specific time such delivery is required to be made;

(ii) Deliveries by barge. No less than 48 hours prior to the specific time such delivery is required to be made; or

(iii) No less than the minimum delivery notice time as stated in the Schedule, if different from the above.

(h) DELIVERY ORDER LIMITATIONS.

(1) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than the minimum quantity applicable to the method of delivery called for by the item(s) as specified in the Schedule, the

Government shall not be obligated to purchase, nor the Contractor obligated to furnish, any supplies or services under this contract.

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(2) MAXIMUM ORDER. The Contractor shall not be obligated to honor any order for a single item, or any series of orders from the same ordering office in the course of 30 days, that exceeds the limitations listed below:

(i) For items calling for delivery as ships' bunkers by barge or pipeline--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 500,000 USG/1,700 MT The total estimated quantity

Page | 17

500,000 to 2,500,000 USG/1,700 to 8,700 MT 500,000 USG/1,700 MT or 50% of the total estimated quantity, whichever is greater

More than 2,500,000 USG/8,700 MT 1,250,000 USG/4,350 MT or 25% of the total estimated quantity, whichever is greater

(ii) For items calling for delivery by truck--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 100,000 USG/350 MT The total estimated quantity

100,000 to 500,000 USG/350 - 1,700 MT 100,000 USG/350 MT or 50% of the total estimated quantity, whichever is greater

More than 500,000 USG/1,700 MT 250,000 USG/870 MT or 25% of the total estimated quantity, whichever is greater

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(i) DELIVERY AND ORDERING PERIODS. The period during which the Government may order and the Contractor shall deliver, if ordered, will be as specified below unless the Schedule specifies otherwise.

(1) ORDERS: The ordering period begins: October 01, 2018 and ends: September 30, 2023.

(2) DELIVERIES: The delivery period begins: October 01, 2018 and ends: October 31, 2023.

(3) EXTENSION PROVISIONS. The Government reserves the right to unilaterally extend this contract on the same terms and conditions on a month-to-month basis one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor no later than 10 days prior to expiration of this contract or any extension thereof. However, nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the Government fails to issue the notice within the 10-day time frame. Extension of this contract shall be considered to have been accomplished at the time the Government provides written notification to the Contractor via mail deposit or facsimile.

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(4) FOR ALL ITEMS. Notwithstanding the foregoing paragraphs, if the Government requests and the Contractor agrees to honor an order outside the delivery limitations set forth above and/or the minimum advance delivery order notice, the order will be bound to the terms, conditions, and price(s) established in the contract. The Contractor shall honor any written or oral order(s) outside the delivery order limitations set forth above or agreed to by the parties within the contract, unless the Contractor rejects the order(s) by notifying the issuing office immediately upon its receipt, as prescribed below, but no later than 24 hours from the time of its issuance. If the order is issued on a weekend and/or holiday and it falls outside the delivery order limitations, the Contractor has until noon of the next business day to reject the order.

Contractor Notification: The Contractor's rejection notice must be given first verbally, by calling the ordering office, followed by a written notification, which should preferably be sent via facsimile. The Contractor's written notice of rejection must clearly state (1) the intent not to deliver the ordered item(s) and (2) the reasons for rejection, and must be accompanied with the written order, if there is one. Upon receipt of the Contractor's verbal notice of rejection, the Government may secure the supplies from another source. The Government is not required to order a part of any one requirement from the Contractor when such requirement falls outside the advance delivery order notice and/or delivery order limitations set forth in this contract provision or agreed to by the parties within the contract. For orders placed via SCOMS, any rejection by the Contractor will be input into the system and will revert to a SEACARD open-market purchase.

(5) FOR ALL ORDERS. The Government must place orders during the Contractor's normal business operating hours for receipt of orders for a delivery to occur on a weekend and/or holiday. If an order for a delivery that is urgently required on a weekend and/or holiday cannot be placed during the Contractor's normal operating hours for receipt of orders, the Government shall first verbally contact the Contractor for offer of said order. If the Contractor verbally elects to not accept said order, the Government shall document as such and the order will revert to an open market purchase.

(j) ORDERING POINT(S) OF CONTACT. Due to vessel missions, it is imperative that Contractor’s be reachable at all times for order placement and timely deliveries. To ensure prompt delivery of the supplies to be furnished for ships' bunker requirements, the Contractor shall provide a primary and/or alternate point of contact for receipt of orders 24 hours a day, 7 days a week, for each item listed below. Complete telephone and facsimile numbers including country and/or area codes are requested. Alternative numbers, such as beepers, pagers, cell phones, etc., are also requested. The Contractor may, at its option, assign a Contractor designee at each delivery location as the point of contact, provided the designee agrees to act as the Contractor’s representative for this purpose. The following table shall be used for order placement for ships’ bunkers:

Normal Operating Hours

Item Contact Person Complete Complete and Days for

Number and Location Telephone Number Facsimile Number E-Mail Address Orders Deliveries

(k) OVERTIME. If delivery cannot be made during the Contractor’s normal operating hours, as set forth in paragraph (j) above, the Contractor shall continue with or initiate deliveries during other than normal operating hours as requested by the vessel's officer with Ordering Officer authority or, in such instances, as authorized in writing by the Contracting Officer. The Contractor shall provide applicable overtime documents, showing date and time overtime commenced and concluded, to the Receiving Officer who shall

Page | 19 certify that said charges have been incurred. In the event that overtime may apply for deliveries outside of the operating hours and days cited in paragraph (j) above, the Contractor must advise of such time factors and the overtime rate per hour that shall apply per item.

(1) SEA Card Order Management System (SCOMS) Orders.

(i) Charges for overtime are deemed ancillary, non-fuel charges and are the responsibility of the activity incurring them. In accordance with the SUBMISSION OF INVOICES FOR NON-FUEL CHARGES – LOCAL PURCHASE PAYMENT

REQUIREMENTS (FUEL CARD SERVICES) contract provision, the Contractor shall invoice these charges using SCOMS, upon approval by the activity, the Credit Card Processor (CCP) will pay the Contractor and the CCP will then bill the receiving activity.

(ii) In the event the incurring activity disputes the charge(s), the Contractor may submit a claim to the Contracting

Officer. The Contractor may include the SCOMS processing fee as part of its claim which must be clearly identified and expressed as a whole number, not a percentage.

(2) Non-SCOMS Orders. The Government agrees to reimburse the Contractor for overtime payment costs associated with deliveries made outside the Contractor’s normal operating hours in accordance with the Schedule below. Notwithstanding the rates set forth below, the Government will not pay more than the actual rate charged by the common carrier or the rate the Contractor normally charges it’s regular commercial customer, whichever is lower.

(3) Overtime Rates.

Hours & Days Outside

Item Number of Normal Delivery Rate per hour

NOTE: U.S. Navy and some port regulations may prohibit deliveries from occurring at nighttime. Further, some vessels carrying ammunition or other cargoes considered hazardous may not be allowed to enter certain ports (pier-side) during specific hours or not at all, requiring deliveries at non-peak times and/or at anchorage, respectively.

(l) RECEIPTS.

(1) For SCOMS deliveries, all receipts for fuel will be entered into the SEACARD system. However, the Contractor must keep all records for a period of 6 years and 3 months after final payment in accordance with FAR 4.805.

(2) For non-SCOMS deliveries, upon completion of the fuel delivery, the Contractor, or the Contractor’s designee, shall prepare a commercial receipt. A commercial receipt is defined as a commercial bunker receipt, a commercial bill of lading, and/or delivery ticket for the exact type of fuel under contract. The Contractor shall then, and in the presence of the Government representative at the time of the delivery, clearly annotate on the commercial receipt, in English--

(i) The exact type of fuel delivered, which must match the contract item;

(ii) The date and time of the delivery commencement and completion;

(iii) The Government vessel’s name;

(iv) The delivered fuel temperature; and

(v) The net delivery quantity.

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(3) FOR DOMESTIC DISTILLATE CONTRACTS ONLY. If the fuel was dyed in accordance with U.S.

Government environmental and revenue requirements, this must also be cited on the commercial receipt.

(4) T he receiving vessel’s representative shall certify the commercial receipt, acknowledging receipt and acceptance of the fuel type, net quantity, date of fuel receipt, and sign for fuel acceptance. A legible copy of the commercial receipt will be provided to the receiving vessel. It is imperative that the receipt be annotated for the same type of fuel under contract.

(5) Alternatively, the receiving vessel’s representative may utilize the ordering document to certify receipt and acceptance of the fuel type and quantity when a commercial receipt is not available; provided there will be no recurring deliveries against that order. Certification of acceptance is accomplished when the vessel’s representative (i) encircles the ordered quantity, (ii) annotates the received net quantity beneath the encircled quantity, and then (iii) dates and (iv) signs the receipt portion of the ordering document. WITHOUT ALL FOUR OF THE AFOREMENTIONED PROVISIONS, THE ORDER DOCUMENT

CANNOT BE USED FOR RECEIPT CERTIFICATION. If available, the ships’ stamp shall be annotated on the order form.

(6) Whichever documentation is used, the Contractor or its representative shall ensure the vessel’s representative annotates the actual net quantity received utilizing the contracted unit of issue, i.e., U.S. gallons for domestic locations and metric tons for overseas locations. The vessel's representative shall return the certified receipt documentation to the Contractor or the Contractor’s designee, prior to departure. The vessel’s representative shall retain a copy for the vessel’s records.

(m) ADDITIONAL INFORMATION.

(1) 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.DLA

Energy.dla.mil/main/doinbusi.htm.

(2) Does your company have a web site? [ ] Yes [ ] No

If yes, what is the web address? ________________________________________________

(3) Does your company have e-mail capability? [ ] Yes [ ] No.

If yes, what is your e-mail address? ______________________________________________

(4) May initial fuel orders be transmitted to this e-mail address? [ ] Yes [ ] No

Note: Order placement in this manner shall require immediate confirmation of receipt by the Contractor to the ordering activity.

(5) What is your company’s Dun and Bradstreet number? _______________________________

(n) NOTES FOR THE (RFP/CONTRACT)

B-0002 B19.20 ECONOMIC PRICE ADJUSTMENT – DAILY MARKET PRICE INDICATORS (SHIPS’ BUNKERS) (DLA

ENERGY JUN 2017)

(a) Warranties: The Contractor warrants that--

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

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

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

(1) Award price means the original contract price.

(2) Reference price means the market price indicator set forth in the Table in (f) below with which the award price is to fluctuate.

(i) Base reference price means the market price indicator shown in the Table in (f) below and is the reference price from which economic price adjustments are calculated pursuant to this contract text. This price will be expressed as Base Ref. Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading Vendor Resources and http://www.desc.dla.mil/main/doinbusi.htm http://www.desc.dla.mil/main/doinbusi.htm

Page | 21 then Product Price Adjustments. The base reference date annotated in the Table shall remain unchanged throughout the life of the contract.

(ii) Adjusting reference price means the market price indicator in effect on the date of delivery, used to determine the change in reference price. In the event one or more applicable reference prices are not (or were not) published, then the term adjusting reference price means the market price indicator for an item as published on the date nearest in time on or prior to the effective calendar date as expressed in (4) below. It is annotated as New Ref. Price in any Price Adjustment (PA) modification issued.

(3) Current unit price means the price in effect for the day that the price adjustment texts discussed in paragraph (c) below begin. This price, expressed as Latest Unit Price in any price adjustment notification issued through contract modifications and/or postings to the web page under the heading Vendor Resources and then Product Price Adjustments, shall be the unit price charged to the Government for supplies delivered under the contract.

(4) Date of delivery means the date and time product is received by the requesting activity/ vessel. This is shown by signature of receipt by the Government representative for the entire delivery. A single delivery that began on one date and ended on another date shall be considered as received on the date of completion annotated by the Government on the bunker delivery document. Excusable delays in delivery shall be handled on a case-by-case basis by the Contracting Officer.

(5) Calendar week means a consecutive seven-day period, beginning with Monday, unless otherwise specified in (c)(1) below.

(6) Published means issued in either print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail, unless otherwise specified in (c)(1) below.

(c) Adjustments: The prices payable under this contract shall be the award price increased or decreased by the amount that the reference price shall have increased or decreased as of the date of delivery. The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(1) Day of publication: The adjusting reference price in effect on the date of delivery shall be…