PACOM Solicitation OSP and Clauses.pdf

OFFER SUBMISSION

PACKAGE

OVERSEAS SHIPS’ BUNKERS

Offer Submission Package (OSP)

SPE608-27-R-0201 Purchase Program 1.3B PACOM (PACOM Overseas Solicitation)

THE ENCLOSED SOLICITATION COVERS THE PERFORMANCE PERIOD:

April 1, 2027 through March 31, 2030

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&A1) and Offer Data Sheets (Attachment B) (Attachment C – Proposed Exceptions Sheet) X Location of Facilities Worksheet (Attachment D - Facilities Sheet) X All applicable fill-in clauses (Attachment D2 – SQAP)

(Attachment E – Bunker Notes)

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.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

7017884610/7018102903 PAGE 2 OF 20

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE608-27-R-0201

6. SOLICITATION ISSUE DATE

30 October 2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Joseph Teye-Kofi

b. TELEPHONE NUMBER

(no collect calls) (445.737.9517)

8. OFFER DUE DATE/LOCAL TIME

27 November 2026 @5:00 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 (Joseph Teye-Kofi)

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: (445) 737-9517 NAICS: 324110 13b.

RATING K

Email: BunkersDDF@dla.mil

SIZE STANDARD: 1500 14. METHOD OF SOLICITATION

P.P. 1.3B

AFRICOMAFR

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE ATTACHMENT A

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:

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.

AMOUN

T

SEE ATTACHMENT A

(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:BunkersDDF@dla.mil

DLA Energy-FEPEC Bunkers

Source Selection Information See FAR 2.101 and FAR 3.104

INSTRUCTIONS TO OFFERORS

(READ THE FOLLOWING CAREFULLY)

A. SOLICITATION CLOSING DATE: 27 November 2026 at 5:00 PM ET, FORT BELVOIR, VIRGINIA. Any offer received after closing will be considered late.

B. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be April 1, 2027 through March 31, 2030. Quantities stated in the SCHEDULE (Attachment A) represent the Government’s best estimates for that timeframe.

C. PROPOSAL SUBMISSION:

Failure to submit a valid COQ/COA in English by the RFP closing deadline will result in your offer being deemed Not Technically Acceptable and rejected.

IMPORTANT: Our email system cannot receive emails over 10 MB. If your OSP and paperwork is larger than 10 MBs, please break it down into smaller emails. Within one (1) business day of receipt we will reply that your emails are received. If you do not receive confirmation, please contact us.

IMPORTANT: Please ensure your offer is submitted well in advance of the deadline. Any offers received after the established Closing Date/Time for receipt of proposals will be considered late and handled in accordance with FAR 52.212-1(c).

D. OFFER PRICES: Must be “as delivered,” and “all-inclusive,” which means that all applicable costs

(transportation, and other allowable fees) 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 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.

E. Total ancillary charges, which include Cancellation, Quantity Change, Demurrage, Backhaul, Overtime, and Booming, cannot exceed 10% of the total quoted price for fuel. For the Demurrage, Backhaul, and Overtime ancillary charges, offerors may offer to charge those amounts as a flat fee, as follows: Each; Per Hour; Per U.S Gallon; or Per Metric Ton. However, by submission of its offer, the offeror agrees that the Government will not pay more than 10% of the quoted price for fuel in total ancillary charges.

F. NOTE: Quantity Change charges shall apply only when the Customer specifically requests a change in quantity ordered. This may be indicated by a modification to the order in SEA Card® EAS from the customer. If the ship does not take the full quantity ordered, the Merchant may charge for Backhaul at the rate and amount as designated in its offer, but may not charge for Quantity Change as well, unless the order had been previously modified.

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

G. COMPETITIVE RANGE: Under the RFO Part 15 model deviations, the competitive range consists of the evaluated proposals the contracting officer determines are the most highly rated and best positioned for further negotiation. The contracting officer may negotiate with each responsible offeror in the competitive range; however, the contracting officer may also conduct additional or repeated negotiations with a particular offeror without being required to hold equivalent negotiation rounds with every other offeror in the range.

The contracting officer must address material deficiencies and significant weaknesses identified in proposals included in the competitive range. A deficiency is a proposal element that fails to meet a material solicitation requirement, including applicable price and technical acceptability requirements.

The contracting officer may exclude a proposal from the competitive range when it has no reasonable chance of selection for award or when its exclusion would streamline negotiations for a commercial acquisition.

H. SITE VISITS: You are directed to Bunker NOTE, 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 Bunke r Note , Propo sal Ac ceptance Pe riod.

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 once 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.

K. Registration and the Unique Entity ID:

The Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. URL: https://sam.gov/entity-registration

L. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your

CAGE code into Block 17a of 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 https://sam.gov/content/home https://sam.gov/entity-registration 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.

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 GOVERNMENT AGENCY 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 SEA Card® Electronic Access System (EAS).

Q. Fuel purchases under DLA Energy bunker contracts are not charge transaction processing fees.

For ancillary fees (non-fuel charges), each SEA Card® Merchant is charged a processing fee, as determined by its merchant agreement. 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. 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.

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

Certificate of Quality (COQ) that is not more than three (3) months old from the solicitation closing date and a Commitment Letter from the supplier for every item offered. A separate COA / COQ and Commitment Letter for each item is required – and offerors MUST state on each submitted document the Item Number and Location to which it applies. Offerors are directed to submit the COA/COQ and commitment letter for each location in one file (separate from the rest of the offer) and indicate on the COQ/COA and commitment letter the Item Number to which it pertains. Submission Emails shall be sent to BunkersDDF@dla.mil.

T. PRIMARY SOLICITATION CONTRACT POINT: For clarification, explanation, and additional information, please email BunkersDDF@dla.mil and Joseph.Teye-Kofi@dla.mil https://www.seacardsys.com/help/help_index.html mailto:Joseph.Teye-Kofi@dla.mil

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 and https://www.acquisition.gov/dlad

FAR 52.252-2 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; https://www.acquisition.gov/far-overhaul/far-part-deviation-guide; and https://www.acquisition.gov/dlad

CLAUSE NO. CLAUSE TITTLE

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (DEVIATION 2026-O0038)(FEB

2026)

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (DEVIATION 2026-O0038)(FEB 2026)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION 2026-O0038)(FEB 2026)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEVIATION 2025-O0004)(MAR 2025)

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

SERVICES (DEVIATION 2026-O0038)(FEB 2026)

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

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

FAR 52.224-2 PRIVACY ACT (APR 1984)

FAR 52.229-6 TAXES FOREIGN FIXED-PRICE CONTRACTS (DEVIATION 2026-O0038)(FEB 2026)

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

(DEVIATION 2026-O0038)(FEB 2026)

FAR 52.233-1 DISPUTES (DEVIATION 2026-O0026)(AUG 2026)

FAR52.233-3 PROTEST AFTER AWARD (DEVIATION 2026-O0038)(FEB 2026)

FAR52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (DEVIATION 2026-

O0038)(FEB 2026)

FAR 52.244-5 COMPETITION IN SUBCONTRACTING (DEVIATION 2026-O0038)(FEB 2026)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS ANS COMMERCIAL SERVICES

(DEVIATION 2026-O0038)(APR 2026)

FAR 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

FAR 52.246.2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE

CONTRACT-RELATED FELONIES (JAN 2023)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWERS RIGHTS (DEC 2022)

DFARS 252.203-7004 DISPLAY OF HOTLINE POSTER(S) (JAN 2023)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024)

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

SUPPORT (JAN 2023)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (OCT 2024)

DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (DEC 2022)

DFARS 252.209-7004

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY

2019)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)- BASIC (DEC 2019)

DFARS 252.225-7021 TRADE AGREEMENTS – BASIC (FEB 2024)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

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

THAT IS A STATE SPONSOR OF TERRORISM (DEC 2022)

DFARS 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(JAN 2023)

DFARS 252.225-7065 RESTRICTION ON ACQUISITION OF FUEL FOR OVERSEAS CONTINGENCY

OPERATIONS (OCT 2024)

DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS-

REPRESETATION (DEVIATION 2024-O0006)

DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (DOD

CLASS DEVIATION 2026-O0006, REV. 2)

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

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERN (JAN 2023)

DFARS 252.229-7001 TAX RELIEF (APR 2020)

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

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

(JAN 2023)

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

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023)

Supplementary Quality Assurance Provisions See Attachment D for the full text of these QAPS:

DLA ENERGY C-QAPs

ENERGY QAP C1 GENERALIZED TECHNICAL GUIDANCE (MAR 2025)

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

ENERGY SEPT 2024)

DLA ENERGY E-QAPS

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)

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

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)

ENERGY QAP E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR) WIDE

AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT

DELIVERY AVIATION FUEL). (JULY 2014)

The following Bunker NOTES apply and are incorporated into the solicitation. SEE ATTACHMENT E – Bunker NOTES for the full text of these notes.

DELIVERY CONDITIONS

BARGE UNLOADING CONDITIONS

SITE VISIT

CONVERSTION FACTORS

The clauses contained on the table below are incorporated by FULL TEXT.

CLAUSE NO. CLAUSE TITLE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

FAR 52.212-2 EVALUATION COMMERICAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION 2026-O0028)(DEC 2025)

FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL (JAN 2017)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (OCT 2024)

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION

2026-O0028)(DEC 2025)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL ACCEPTABILITY

FACTOR 2: PRICE

Proposals will be evaluated pursuant to FAR 52.212-2 – Evaluation – Commercial Products and Commercial Services. The solicitation informs Offerors that the contracting officer will evaluate proposals based on the Lowest Price Technically Acceptable (LPTA) Source Selection Process. In order to be considered for award an offeror must meet or exceed technical acceptability standards for non-cost factors.

FACTOR 1: TECHNICAL ACCEPTABILITY

In order to be considered, an offeror must meet or exceed the technical acceptability standards as follows:

1. Acceptable. To be deemed acceptable, an offer shall meet the minimum requirements of the solicitation, including the requirement schedule and product specification requirements in the schedule of supplies and also the requirements below must ALL be met if one is unacceptable, the entire factor is unacceptable and the offeror will no longer be considered for award.

To be evaluated the:

An offeror must submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) that is not three (3) months older from the Solicitation closing date and Commitment Letter demonstrating that the offeror can meet the applicable specification for the product offered.

The Commitment Letter from each supplier must demonstrate 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.

Any Offeror who receives an overall Technical rating of “Unacceptable” after final proposal revisions will not be eligible for an award. The Contracting Officer will evaluate proposals using the criteria above for each line item.

Offerors who fail to meet minimal technical requirements of the solicitation will be determined to be technically unacceptable and will not be considered for award.

FACTOR 2: PRICE

The offered unit price for each individual line will be multiplied by the estimated quantity resulting in a total base period contract price for that line item. The lowest price will be determined by the lowest total aggregated extended price for the total requirement. The line items will be evaluated and awarded all-or-none.

PRE-AWARD SURVEY

In addition to meeting the technical acceptability requirements above, an Offeror must be determined responsible in accordance with FAR subpart 9.1. The government may conduct a pre-award survey as part of making a determination as to an Offeror’s responsibility.

(End of Clause)

FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL.

Economic Price Adjustment-Labor and Material (Jan 2017)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rates of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the

Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

NOTE: DLA Energy Provision For Economic Price Adjustment Is Inserted Below:

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 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.

(c) 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.

(d) 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.

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

(f) 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 that item's reference price effective (and normally published) on the date in which the delivery is made, or, in the event there is no publication on that day, it shall be the item's reference price as last previously published prior to that date.

Note: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (http://www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. will correct any other reference prices, as notice of the correction is received. will work with the pricing services to determine the appropriate price, whenever an offeror or Contractor can show that the price referenced should be reviewed.

(2) Calculations:

(i) If averages are published within a given publication, then these averages will be used.

(ii) For prices in U.S. gallons, if averages are not available within a given publication, calculated averages, carried to six decimal places, rounded, will be used. For prices in metric tons, if averages are not available within a given publication, calculated averages, carried to two decimal places, rounded, will be used. For domestic contract line items, conversions from metric tons to gallons shall be utilized through the conversion factors clause for the applicable publication reference product. Barrels shall be converted using the conversion factors instruction for barrels to gallons. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the Conversion Factor Instruction, apply unless otherwise specified in the Schedule in the Table (f) below. Details on the specific products covered and the method of conversion can be found in Instruction M55 ( MAR 2007), which is included in solicitations and resulting contracts when conversion factors are required.

(iii) For domestic contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including six decimal places, rounded. For overseas contract line items, the final calculated reference price, as well as any intermediary arithmetical calculations, will consist of a number including two decimal places, rounded.

(iv) For domestic contract line items, the final adjusted unit price will always consist of a number including six decimal places, rounded. For overseas contract line items, the final adjusted unit price will always consist of a number including two decimal places, rounded.

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

(g) Upward ceiling on economic price adjustments: The Contractor agrees that the total increase in any contract unit price shall not exceed 400 percent (%) of the award price, except as provided hereafter:

(1) If, at any time, the Contractor has reason to believe that within the near future a price adjustment under the wording of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer.

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

(h) Revision of reference price: In the event--

(1) Any applicable reference price (market price indicator) is discontinued or its method of derivation is altered substantially; or

(2) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on or just prior to the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. Failure to agree on an appropriate substitute shall be considered a “dispute” within the meaning of paragraph (d), Disputes, of the Contract Terms And Conditions -- Commercial Items clause of the contract.

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

(vi) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

DFARS 252.223-7008 - PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

(a) Definitions. As used in this clause—

“Homogeneous material” means a material that cannot be mechanically disjointed into different materials and is of uniform composition throughout.

(1) Examples of homogeneous materials include individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins, and surface coatings.

(2) Homogeneous material does not include conversion coatings that chemically modify the substrate.

“Mechanically disjointed” means that the materials can, in principle, be separated by mechanical actions such as unscrewing, cutting, crushing, grinding, and abrasive processes.

(b) Prohibition.

(1) Unless otherwise specified by the Contracting Officer, the Contractor shall not provide any deliverable or construction material under this contract that—

(i) Contains hexavalent chromium in a concentration greater than 0.1 percent by weight in any homogenous material; or

(ii) Requires the removal or reapplication of hexavalent chromium materials during subsequent sustainment phases of the deliverable or construction material.

(2) This prohibition does not apply to hexavalent chromium produced as a by-product of manufacturing processes.

(c) If authorization for incorporation of hexavalent chromium in a deliverable or construction material is required, the Contractor shall submit a request to the Contracting Officer.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for commercial products or commercial services, that are for supplies, maintenance and repair services, or construction materials.

(End of clause)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (OCT 2024)

(a) Definitions. As used in this clause— “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any water-borne transportation aboard a ship, vessel, boat, barge, ferry, or the like outside the internal waters of the United States as defined in 33 CFR 2.24.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means supplies that are clearly identifiable for eventual use by or owned by DoD at the time of transportation by sea, or are otherwise transported by DoD, regardless of ownership or use by DoD. An item is clearly identifiable for eventual use by DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

“U.S.-flag vessel” means either a vessel belonging to the United States or a vessel of the United States as that term is defined in 46 U.S.C. 116.

(b) If the transportation of supplies by sea is anticipated under this contract, the Contractor shall—

(1) Notify the Contracting Officer and Maritime Administration (MARAD) at Cargo.Marad@dot.gov—

(i) Within 3 business days after contract award; or

(ii) Immediately prior to the shipment departure date necessary to meet delivery schedules, whichever is earlier; and

(2) Include in the notification—

(i) A statement of the Contractor’s intent to transport supplies by sea;

(ii) The contract number; and

(iii) The task-order or delivery-order number, when applicable.

(c) (1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

(i) This contract is a construction contract; or

(ii) The supplies being transported are—

(A) Other than commercial products; or

(B) Commercial products that—

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the

Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(d) The Contractor and its subcontractors may request, via the Contracting Officer, a waiver of the requirement to use a U.S.-flag vessel, or identification of any available U.S.-flag vessels, if the Contractor or a subcontractor sufficiently explains that—

(1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or

(2) U.S.-flag vessels are otherwise not available.

(e) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, however, if a DoD waiver is not approved prior to the shipper’s sailing date, this will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(2) Required shipping date(s) and required delivery date(s);

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of current, diligent efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of quotes will suffice for this purpose. Copies of telephone notes, emails, and other relevant communications will otherwise be considered for this purpose.

(f) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and MARAD at Cargo.Marad@dot.gov, Attention: Military Team, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the carrier.

(g) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had received a prior-approved waiver for U.S.-flag vessels for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of DoD. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION

CONTRACT LINE ITEMS

QUANTITY

TOTAL

(h) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(i) If the Contractor did not anticipate transporting any supplies by sea at the time of contract award and, therefore, did not provide the notification required by paragraph (b) of this clause, but prior to shipment of supplies, the Contractor learns that supplies will be transported by sea, the Contractor shall—

(1) Provide the notification required by paragraph (b) of this clause to the Contracting Officer and MARAD as soon as it is known that supplies will be transported by sea; and

(2) Comply with all the terms and conditions of this clause.

(j) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (c)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (j), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (f) of this clause, and this paragraph (j), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Alternate I. As prescribed in 247.574(a) and (a)(2), use the following clause, which uses a different paragraph (c) than the basic clause:

DFARS 252.247-7023 - TRANSPORTATION OF SUPPLIES BY SEA—ALTERNATE I (OCT 2024)

(a) Definitions. As used in this clause—

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any water-borne transportation aboard a ship, vessel, boat, barge, ferry, or the like outside the internal waters of the United States as defined in 33 CFR 2.24.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means supplies that are clearly identifiable for eventual use by or owned by DoD at the time of transportation by sea, or are otherwise transported by DoD, regardless of ownership or use by DoD. An item is clearly identifiable for eventual use by DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

“U.S.-flag vessel” means either a vessel belonging to the United States or a vessel of the United States as that term is defined in 46 U.S.C. 116.

(b) If the transportation of supplies by sea is anticipated under this contract, the Contractor shall—

(1) Notify the Contracting Officer and Maritime Administration (MARAD) at Cargo.Marad@dot.gov—

(i) Within 3 business days after contract award; or

(ii) Immediately prior to the shipment departure date necessary to meet delivery schedules, whichever is earlier;

and

(2) Include in the notification—

(i) A statement of the Contractor's intent to transport supplies by sea;

(ii) The contract number; and

(iii) The task-order or delivery-order number, when applicable.

(c)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are—

(i) Other than commercial products; or

(ii) Commercial products that—

(A) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(B) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations (Note: This contract requires shipment of commercial products in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations); or

(C) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(d) The Contractor and its subcontractors may request, via the Contracting Officer, a waiver of the requirement to use a U.S.-flag vessel, or identification of any available U.S.-flag vessels, if the Contractor or a subcontractor sufficiently explains that—

(1) U.S.-flag vessels are not available at a fair and reasonable rate for commercial vessels of the United States; or

(2) U.S.-flag vessels are otherwise not available.

(e) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, however, if a DoD waiver is not approved prior to the shipper's sailing date, this will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

(1) Type, weight, and cube of cargo;

(…