SPE60824R0200 EUCOM Solicitation OSP.pdf

OFFER SUBMISSION

PACKAGE

OVERSEAS SHIPS’ BUNKERS

Offer Submission Package (OSP)

SPE608-24-R-0200 Purchase Program 1.3A EUCOM

THE ENCLOSED SOLICITATION COVERS THE PERFORMANCE PERIOD:

April 01, 2024 THROUGH March 31, 2029

INSTRUCTIONS:

1. The original copy of this OSP must be returned to this office as your offer. All documents to be completed and returned are contained in the OSP or located as ATTACHMENTS on www.sam.gov where they can be downloaded:

X Standard Form 1449 (SF1449) X Schedule of Supplies (Attachment A-1) and Offer Data Sheets (Attachment A-2) X Data Sheet for Proposed Exceptions (Attachment C) X Location of Facilities Worksheet (Attachment D) X All applicable fill-in clauses

2. Be sure to check your offer prices for accuracy and legibility prior to submission. Initial all changes, and sign and date the SF1449 in ink.

3. By submission of this package, you are stating that all terms and conditions of the entire solicitation are accepted and apply to your offer, UNLESS clearly stated in the Data Sheet for Proposed Exceptions (Attachment C).

4. Required: Certificate of Analysis (COA /Certificate of Quality (COQ) and a Commitment Letter from the supplier for every item offered. See Note T below http://www.beta.sam.gov/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

0091446575 PAGE 1 OF 132

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE608-24-R-0200

6. SOLICITATION ISSUE DATE

28 November 2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASPER PILI

b. TELEPHONE NUMBER

(no collect calls) (571-767-8131)

8. OFFER DUE DATE/LOCAL TIME

05 January 2024 @1:00 PM

ET (Ft Belvoir, VA) Time

9. ISSUED BY CODE

SPE608

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12. DISCOUNT

TERMS

DLA ENERGY-FEPE (Jasper Pili)

DEFENSE LOGISTICS AGENCY-ENERGY

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

NET 30 DAYS

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

8(A) 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

PHONE: (571) 767-1770 FAX: (571) 767-8506 NAICS: 324110 13b. RATING K

Email: Jasper.Pili@dla.mil SIZE STANDARD: 1500 14. METHOD OF SOLICITATION

P.P. 1.3A

AFRICOMAFR

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE ATTACHMENT A-1

SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

Address:

DUNS: EMAIL ADDRESS:

TELEPHONE NO. FAX NO:

SEE CLAUSES G-0004-G150.01 & G-0005-G153.01

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CLAUSE B-0001-B1.04-1

(Attach additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CFO 01 26.1 S33150 FOR DOD & USCG ONLY, OTHERS MUST CITE OWN FUNDS

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFER DATED. YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION MASTER SOLICITATION STANDARD FORM 1449

mailto:Jasper.Pili@dla.mil

Source Selection Information See FAR 2.101 and FAR 3.104 Controlled by: DLA Energy-FEPEC CUI Category: SSEL

Distribution Control: FED ONLY POC: Francis.c.Murphy@dla.mil

TABLE OF CONTENTS

INDEX

CLAUSE

NUMBER

CLAUSE TITLE PAGE

SECTION A: CONTRACT SF1449 2

TABLE OF CONTENTS 3

INSTRUCTIONS TO OFFERORS 10

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS'

BUNKERS) (DLA ENERGY JUN 2013)

B-0002

B19.20 ECONOMIC PRICE ADJUSTMENT – DAILY MARKET

PRICE INDICATORS

(SHIPS’ BUNKERS) (DLA ENERGY JUN 2017)

B-0003 B19.27-2 ECONOMIC PRICE ADJUSTMENT - ESTABLISHED CATALOG

PRICE OR MARKET PRICE – OTHER THAN PUBLICATIONS (SHIPS'

BUNKERS) (DLA ENERGY APR 2020)

SECTION C: DECRIPTION/SPECIFICATION/STATEMENT OF WORK

ENERGY QAP C3 SPECIFICATIONS/EXCEPTIONS (BUNKERS) (DLA ENERGY JAN 2012) 24

ENERGY QAP C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM

REQUIREMENTS (DLA ENERGY APR 2021)

SECTION E: INSPECTION AND ACCEPTANCE

FAR 52.246-2

INSPECTION OF SUPPLIES—FIXED PRICE (AUG 1996) 26

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

BUNKERS) (DLA ENERGY JAN 2013)

ENERGY QAP E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015) 29

ENERGY QAP E18.01--SAMPLE SUBMISSION (DLA ENERGY AUG 2009) 29

ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015) 29

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS

(DLA ENERGY FEB 2022)

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.216-18

ORDERING (AUG 2020) 35

FAR 52.247-34

F.O.B. DESTINATION (NOV 1991) 35

mailto:Francis.c.Murphy@dla.mil

DLA Energy-FEPEC Bunkers

Source Selection Information See FAR 2.101 and FAR 3.104

F-0001 F1.01-2 BUNKERING PROVISIONS (DLA ENERGY JAN 2012) 36

F-0002 F3.01 TRANSPORT TRUCK, TRUCK AND TRAILER AND/OR TANK

WAGON FREE TIME AND DETENTION RATES (BUNKERS) (DLA

ENERGY JAN 2012)

F-0003 F16.03 BARGE UNLOADING CONDITIONS (SHIPS’ BUNKERS) (DLA

ENERGY JAN 2012)

SECTION G: CONTRACT ADMINISTRATION DATA

FAR 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF

ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013)

G-0001 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(DLA ENERGY DEC 1999)

G-0002 G9.07 ELECTRONIC TRANSER OF FUNDS PAYMENTS –

CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) 45

G-0003 G9.07-5 ELCTRONIC TRANSFRER OF FUNDS PAYMENTS—

FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY

JAN 2012)

G-0004 G150.01 SUBMISSION OF INVOICES FOR PAYMENT (SHIPS'

BUNKERS) (DLA ENERGY NOV 2008) 48

G-0005 G153.01 SUBMISSION OF INVOICES FOR NON-FUEL CHARGES

(BUNKERS) (DLA ENERGY OCT 2008) 50

SECTION I: CONTRACT CLAUSES

FAR 52.203-3 GRATUITIES (APR 1984) IBR

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT—ALTERNATE I (NOV 2021) IBR

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020) IBR

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021) IBR

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIRE-

MENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN

2020)

IBR

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) IBR

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011) IBR

FAR 52.204-10 REPORTING EXECUTIVE COMPESTION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020) IBR

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

Alternative Line Item Proposal (JAN 2017) IBR

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020) IBR

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021) IBR

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) IBR

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES (NOV 2021)

IBR

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVELLIENCE SERVICES OR

EQUIPMENT (NOV 2021)

FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

IBR

FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (NOV 2021)

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018) IBR

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022) IBR

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

FAR 52.216-21 REQUIREMENTS (OCT 1995) 60

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) IBR

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021) 61

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020) IBR

FAR 52.225-14

INCOSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000) 62

FAR 52.229-6 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) 62

FAR 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (FEB 2021) 64

FAR 52.232-17 INTEREST (MAY 2014) 65

FAR 52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 66

FAR 52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (MAR 2023)

FAR 52.233-1

DISPUTES (MAY 2014) 66

FAR 52.233-3

Alternate I

PROTEST AFTER AWARD (JUN 1985) 68

FAR 52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 68

FAR 52.243-1

CHANGES – FIXED PRICE (AUG 1987) 68

FAR 52.253-1

COMPUTER GENERATED FORMS (JAN 1991) 69

DFARS 252.203-

REQUIRMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011)

DFARS 252.203-

PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER

DEFENSE CONTRACT-RELATED FELONIES (JAN 2023)

DFARS 252.203-

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (DEC 2022)

IBR

DFARS 252.203-

AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) 71

DFARS 252.203-

REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2022)

IBR

DFARS 252.204-

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 72

DFARS 252.204-

SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING (JAN 2023)

DFARS 252.204-

NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION

FOR LITIGATION SUPPORT (JAN 2023)

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED

DEFENSE TELECOMMUNICATION EQUIPMENT OR

SERVICES (JAN 2023)

DFARS 252.204-

NIST SP 800-171 DoD ASSESSMENT REQUIREMENTS (MAR 2022) 78

DFARS 252.205-

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (JUN 2023)

DFARS 252.209-

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A

STATE SPONSOR OF

TERRORISM (MAY 2019)

DFARS 252.223-

HAZARD WARNING LABELS (DEC 1991) 81

DFARS 252.225-

PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2013) 82

DFARS 252.225-

TRADE AGREEMENTS (JAN 2023) 83

DFARS 252.225-

SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 87

DFARS 252.225-

CORRESPONDENCE IN ENGLISH (JUN 1997) 87

DFARS 252.225-

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

DFARS 252.225-

EXPORT-CONTROLLED ITEMS (JUN 2013) IBR

DFARS 252.225-

RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS,

TANTALUM, AND TUNGSTEN (AUG 2022)

DFARS 252.229-

TAX RELIEF – ALTERNATE I (APR 2020) 91

DFARS 252.232-

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DEC 2018)

DFARS 252.232-

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) 93

DFARS 252.232-

LEVIES ON CONTRACT PAYMENTS (DEC 2006) 96

DFARS

252.233.7001

CHOICE OF LAW (OVERSEAS) (JUN 1997) 96

DFARS 252.243-

PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 96

DFARS 252.243-

REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) 96

DFARS 252.244-

SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2023) 97

DFARS 252.246-

NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013) 98

DFARS 252.247-

TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023) 99

DLAD 52.233-

DISPUTES: AGREEMENTS TO USE ALTERNATIVE DISPUTE

RESOLUTION (ADR) (JUN 2020)

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

COMMERCIAL

ITEMS (DLA ENERGY FEB 1996)

I-0002 I190.04 SAFETY DATA SHEETS -- COMMERCIAL ITEMS (BULK) (DLA

ENERGY JUL 2016)

I-0003 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) 103

SECTION J: LIST OF ATTACHMENTS

ATTACHMENT A-1 (SCHEDULE OF SUPPLIES)

ATTACHMENT A-2 (OFFER DATA SHEET)

ATTACHMENT C (DATA SHEET FOR PROPOSED EXCEPTIONS)

ATTACHEMENT D (LOCATION OF FACILITIES WORKSHEET)

SECTION K: REPRESENTATION AND CERTIFICATIONS

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 103

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEPT 2007)

IBR

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS— REPRESENTATION (JAN 2017)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020) 105

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) 105

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVELLIANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

DFARS 252.204-

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES REPRESENTATION (DEC 2019)

DFARS 252.204-

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (MAY 2021)

DFARS 252.204-

EXPIDITING CONTRACT CLOSEOUT (MAY 2021) IBR

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS --REPRESENTATION (NOV 2015)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 110

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 112

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

DFARS 252.209-

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN

GOVERNMENT (DEC 2022)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COM-

MERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018) 129

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGED IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –

REPRESENTATION AND CERTIFICATION (JUN 2020)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

DFARS 252.225-

TRADE AGREEMENTS CERTIFICATE (NOV 2014) 133

DFARS 252.225-

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(DEC 2022)

DFARS 252.226-

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (APR 2019)

IBR

DFARS 252.247-

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN

2019)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 134

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 135

SECTION L: INSTRUCTIONS, CONDITIONS, AND

NOTICES TO O FFERORS

FAR 52.204-7 SYSTEM FOR AWARDS MANAGEMENT (OCT 2018) 135

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (SEP 2023) 137

FAR 52.214-34

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 141

FAR 52.214-35

SUBMISSION OF OFFER IN U.S. CURRENCY (APR 1991) 141

FAR 52.216-1

TYPE OF CONTRACT (APR 1984) 141

FAR 52.233-2

SERVICE OF PROTEST (SEP 2006) 141

DFARS 252.204-

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION

CONTROLS (OCT 2016)

DFARS 252.204-

NOTICE OF NIST SP 800-171 DoD ASSESSMENT REQUIRMENTS

(MAR 2022) 142

DFARS 252.215-

ONLY ONE OFFER (DEC 2022) 144

DFARS 252.215-

NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (DEC 2022) 144

L-0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 145

L-0002 L54 SITE VISIT (DLA ENERGY OCT 1992) 146

SECTION M: EVALUATION FACTORS FOR AWARD

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) 146

M-0001 M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) 147

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997) 149

M-0003 M3.02 EVALUATION OF OFFERS WHERE ALTERNATE ESCALATORS

ARE USED (DLA ENERGY March 2021) 150

IBR = Incorporated By Reference

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acqusition .gov

FAR 52.252-1 SOLICITATION CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acqusition .gov

INSTRUCTIONS TO OFFERORS

READ THE FOLLOWING CAREFULLY.

A. SOLICITATION CLOSING DATE: August 21, 2023 at 1:00 PM ET, FORT BELVOIR, VIRGINIA.

Any offer received after this time will be considered “late” and may be determined unacceptable.

B. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be April 1, 2024 through March 31, 2029. Quantities stated in the SCHEDULE (Attachment A-1) represent the Government’s best estimates for that timeframe.

C. EVALUATION CRITERIA: Offers will be evaluated based on a consideration of technical capability and price using a

Lowest Price Technically Acceptable (LPTA) source selection process.

D. PROPOSAL SUBMISSION:

All proposal documentation, to include the Offeror Submission Package (OSP), Certificate of Analysis (COA) / Certificate of Quality (COQ) and a Commitment Letter from the supplier for every item offered, shall be sent via email to Francis.C.Murphy@dla.mil and Jasper.Pili@dla.mil.

IMPORTANT: Our email system cannot receive emails over 5 MB. If your OSP and paperwork is larger than 5 MBs, please break it down into smaller 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.

IMPORTANT: 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).

E. OFFER PRICES: Must be “as delivered,” and “all-inclusive,” which means that all applicable costs (transportation, permissible non-foreign taxes, fees, and other charges) must be included in each offer price. There will be NO exceptions to this requirement. The submitted offer and all accompanying paperwork must be in English, in accordance with Clause 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE and all prices must be in U.S. Dollars per Metric Ton, in accordance with Clause 52.214-35, SUBMISSION OF OFFERS IN U.S.

CURRENCY. Offerors are advised to submit their best prices with their initial proposal since the Government reserves the right to award a contract without discussions.

F. EXCEPTIONS: Exceptions to the specifications, terms, and conditions of this solicitation may be considered pursuant to Clauses C-0001 C3, SPECIFICATIONS/EXCEPTIONS (BUNKERS) (DLA ENERGY JAN 2012) and M-0002, M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997). If your company cannot provide the exact specification of the required product or meet all of the delivery requirements, clearly indicate any exceptions and the extent to which your offer differs from solicitation requirements on Attachment C, Data Sheet for Proposed Exceptions, in the OSP.

Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offerors are expected to know the relevant business procedures in the countries where fuel will be delivered. The winning offeror is expected to procure tax exemptions in a timely manner in order to meet the period of performance.

NOTE: Foreign Taxes may not be included in their price.

mailto:Francis.C.Murphy@dla.mil mailto:Jasper.Pili@dla.mil

G. COMPETITIVE RANGE: The Government reserves the right to evaluate all proposals in accordance with FAR

Part 15.305(a) and establish a competitive range without discussions in accordance with FAR 15.306 (b)(3).

Communications with Offerors for clarification may be conducted before the competitive range is established by the solicitation close date in accordance with FAR 15.306(b)(2). Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer may establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. In the case where the Contracting Officer has determined that the number of most highly rated proposals will be too many to conduct an efficient competition, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals [see FAR 15.306 (c)(2)].

The Contracting Officer will provide written notice of elimination from the competitive range to unsuccessful Offerors in accordance with FAR Part 15.503(a). Failure to provide requested information and documentation results in delays in making a timely contract award.

H. SITE VISITS: You are directed to Clause L-0003 L54, SITE VISIT, please note that DLA Energy encourages all potential offerors to call or visit the sites in which they intend to submit an offer(s).

I. OFFER EXPIRATION DATE: Offerors agree to honor prices submitted in response to this solicitation for 180 days after the solicitation closing date, in accordance with Clause L0001 L1.02 PROPOSAL ACCEPTANCE PERIOD.

J. SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors and quoters are required to be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements 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://sam.gov/content/home. Registration in SAM takes time so please plan accordingly.

K. 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.

L. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your CAGE code in Block 17a on the Standard Form 1449. If you have not been assigned a CAGE code, insert the word “NONE” in the block.

M. 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; requirements for Government-issued ID cards; security swimmers and/or search under and around delivery / receiving vessels. Contractors will be responsible for the vetting of their subcontractors’ ability to deliver at required locations.

N. AMENDMENTS TO THE SOLICITATION: Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). If this solicitation is amended, all terms and conditions that are not amended remain unchanged.

http://fedgov.dnb.com/webform

O. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE GOVERN-

MENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT

AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

P. SEA CARD® 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 ensure that you are aware of the following:

Q. Fuel purchases 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 minimal processing fee, as determined by its merchant agreement. In exchange, SEA Card® Merchants receive quicker reimbursements and benefit from reduced administrative workload. See SEA Card® Program Information & FAQ at https://www.seacardsys.com/help/help_index.html All Bunker deliveries must meet requirements of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) ANNEX VI during life of the contract.

R. REQUIREMENTS CONTRACT: Please note that contracts awarded as a result of this solicitation shall be

“Requirements-type,” in accordance with Clause 52.216-21, REQUIREMENTS. This means there are no guarantees of minimal 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.

S. REQUIREMENT TO SUBMIT SAFETY DATA SHEETS: All offerors MUST submit with their offer a copy of the Safety Data Sheet (SDS) for all products offered. Please see FAR 52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA and DFARS 252.223-7001, HAZARD WARNING

LABELS.

T. IMPORTANT: All offerors MUST submit with their offer a Certificate of Analysis (COA) / Certificate of Quality

(COQ) and a Commitment Letter from the supplier for every item offered. We need a separate COA / COQ and Commitment Letter for each item – and you MUST state on each submitted document the Item Number and Location to which it applies. Submit the COA/ COQ and commitment letter for each location in one file (separate from the rest of your offer) and be sure to indicate on the COQ/COA and commitment letter the Item Number to which it pertains.

U. PRIMARY SOLICITATION CONTRACT POINT: For clarification, explanation, and additional information, please contact Mr. Francis Murphy at Francis.c.Murphy@dla.mil and/or Mr. Jasper Pili at Jasper.Pili@dla.mil https://www.seacardsys.com/help/help_index.html

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

DLA ENERGY INTERNAL PROVISIONS:

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 requirement 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):

Overseas:

PP 1.3A– EUCOM

(c) LINE ITEM SUPPLY SCHEDULE.

NATIONAL STOCK NUMBER PRODUCT/PRODUCT CODE SPEC CLAUSE

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

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.

FIVE (5) YEAR

SUPPLY, BUNKER LOCATION, ESTIMATED QUANTITY UNIT PRICE PER

ITEM AND METHOD OF DELIVERY (US GALLONS) US GALLON

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.

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: For domestic distillate items, the current Federal Excise Tax shall apply only if fuel delivered is undyed per mandated requirements. Please advise, per item, if offered product will have a low or high sulfur content and/or if dyed or undyed, if not part of the current Schedule. Subject tax will not be included in the offered unit price. 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.

(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

NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A CERTIFICATE OF QUALITY (COQ) OR CERTIFICATE OF ANALYSIS (COA) SHOWING ALL THE TEST RESULTS REQUIRED BY THE DLA ENERGY MGO SPECIFICATION CLAUSE. ALL OFFERS MUST BE ACCOMPANIED BY SUPPLIER COMMITMENT LETTERS FOR EVERY LINE ITEM

BID ON.

All Offerors must submit supplier commitment letters demonstrating that the Offeror has secured arrangements that will enable it to support orders for the product specified, in accordance with the requirement schedule, and consistent with the delivery requirements and all other terms and conditions in the solicitation. As a Minimum, the Commitment Letter must state:

• Name and Address of the fuel supplier

• CLIN Number and Location of each CLIN to be supplied

• For each CLIN, the Total estimated Quantity to be supplied over the entire Delivery Period

• Starting and Ending Date of the Solicitation Delivery Period

• The Delivery Mode for each CLIN

(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. written order—

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

(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

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: April 01, 2023 and ends: March 31, 2027.

(2) DELIVERIES: The delivery period begins: April 01, 2023 and ends: April 30, 2027

(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.

(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…