FBODaily.com | FedBizOpps: MOD | 91 | Ground Fuels for PP 1.8J United Kingdom - Amendment 1

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 06, 2018 FBO #5978
MODIFICATION

91 -- Ground Fuels for PP 1.8J United Kingdom - Amendment 1

Notice Date: 4/4/2018
Notice Type: Modification/Amendment
NAICS: 324110 — Petroleum Refineries
Contracting Office: Defense Logistics Agency, DLA Acquisition Locations, DLA Energy, 8725 John J. Kingman Road, Fort Belvoir, Virginia, 22060-6222, United States
ZIP Code: 22060-6222
Solicitation Number: SPE605-18-R-0213
Point of Contact: JoAn Sheehan, Phone: 5717679522, Juebiline Mbandi, Phone: 5717678580
E-Mail Address: joan.sheehan@dla.mil, juebiline.mbandi@dla.mil
(joan.sheehan@dla.mil, juebiline.mbandi@dla.mil)
Small Business Set-Aside: N/A
Description: Amendment 0001 Changing Closing Date to 20 April 2018 at 1300 hours Eastern time. ( i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and an additional written solicitation will not be issued. (ii) Solicitation Number SPE605-18-R-0209 is issued as a Request for Proposal (RFP). Closing is APRIL 20, 2018 at 1300 hours, local Fort Belvoir, Virginia time. All times and deadlines in this procurement will be set and expressed in local Fort Belvoir, Virginia time. Offerors are solely responsible for ensuring they submit timely responses, and timeliness will be calculated using only local Fort Belvoir, Virginia time. (iii) This RFP incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-96 Effective November 6, 2017 and updated with Class Deviation 2018 O0007; DFARS Current to DPN 20171228 (Effective December 28,2017) Edition; DLAD current to Revision 5 and Proc Ltr 2018-03 Revised December 29, 2017; and DEPI December 2017 PROC Flash 2018-19). (iv) This acquisition has not been set-aside for small businesses and is issued under Full and Open Competition. (v) Any resultant contract will be a Requirements-Type Fixed Price with Economic Price Adjustment (FP w/EPA) contract in accordance with FAR 52.216-21 (Oct 1995). The Base Reference Date is January 15, 2018 which will be the basis for all Base Reference Prices included in this solicitation. Prices will escalate daily. The location and narrative for required products are in an Attachment. A summary of the products being solicited are as follows: Premium Unleaded Gasoline with minimum Octane level of 97, ULG 9130-015275763, EST 938,000 USG Ultra Low Sulfur Diesel, Max 10 PPM sulfur, SFD 9140-015569156, EST 9,087000 USG Kerosene Class, KS1 9140-012924460, EST 102,000 USG Total Est Value: $21,199,340.00 PERIOD OF PERFORMANCE FOR ALL CLINS: 1 JULY 2018-30 JUNE 2021 for Orders and through 31 JULY 2021 for deliveries. P ROPOSAL SUBMISSION: Offerors shall submit proposals and offer prices for all of the line items listed above in the Post Camps and Stations (PC&S) Offeror Entry Tool (OET). PC&S OET is an external web application which allows prospective Posts, Camps & Stations / ground fuel vendors to securely bid on a DLA-Energy fuel Solicitation. Offeror must be registered in the PCS OET application in order to submit proposals. In order to have system access to PCS OET, offerors must request the applicable user roles at the following: https://offerwizard.dla.mil/pcsoffwiz/pcsoffwiz.html For a detailed guide to registering for the applicable role in AMPS, please visit: https://dla.deps.mil/dod/dla/dlaenergy/customer/Customer%20Resources/AMPS/AMPS%20External%20Energy%20User%20Guide%20Ver%201.4.4E.pdf Please allow at least 5 business days for registration approval. For assistance in acquiring access to the PC&S OET application, please contact the DLA Energy Direct Delivery Tech Team at DESCDirectDeliveryTechTeam@dla.mil or Jermaine Smith at (571) 767-1796 or Juebiline Mbandi at (571) 767-8580. For assistance in Central European Time (CET) you may also contact Mr. Mark Palombo at: + 49 1735229826 or + 49 6314112242. Once an offeror is registered in the PCS OET application, the offeror will log onto the application and select a solicitation to bid on. The offeror will then select the applicable line items and enter offer prices for each line item. The offeror will then submit its bid package on the PCS OET website along with its offer prices. LATE OFFERS: Please note that offers must be received by, May 08, 2018 at 1300 HOURS FT. BELVOIR, VA TIME. Any offer received after the aforementioned closing date and time will be considered "late" and may be determined unacceptable. See Clause FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (DLA ENERGY APR 2014), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS below in paragraph xiii. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of Clause FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014). While the Government intends make awards without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range. To be considered in the competitive range, the offeror must have submitted all required specification COAs and/or terminal "typical quality specification reports showing all information as required by F1.09-2, Determination of Quantities and CQAPS called out in the Schedule B for each type of fuel being offered. All provisions and clauses referenced will be incorporated with offer received. Provision M72, EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) applies for any exception taken. Offerors are advised that offer price includes all applicable taxes and all other costs arising from contractor's performance of the contract, if they are chargeable to the U.S. Government in accordance with any SOFA Agreements, Memorandum of Understanding between the Countries/Governments/Uniformed Services. Also, transportation, insurance and any other contractor-incurred expenses should be included in the offer price. NOTE: Offer price should be a unit price per U.S. gallon. Offers must be submitted in English. Negotiators must speak English. All business will be conducted during Fort Belvoir, VA time. Copies of the FAR, the DFARS, the DLAD are available on the internet. Copies of the FAR can be found at: https://www.acquisition.gov/browsefar Copies of the DFARS can be found at: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html Copies of the DLAD can be found at: http://www.dla.mil/Acquisition/Pages/DLAD.aspx Contract texts which are identified with alpa-mumerics (e.g., F1.21) are listed in paragraph xiii below. FAR provision 52.212-1, Instruction to Offerors - Commercial Items (PC&S) (Tailored), applies to this acquisition. (ix) FAR provision 52.212-2, Evaluation -Commercial Items (Tailored) is applicable to this acquisition. The basis of award will be to the lowest price, technically acceptable offer responding to the solicitation from a responsible offeror as defined in FAR Part 9. If the Government elects to negotiate the offers, Final Proposal Revisions (FPR) will be evaluated based on the base reference date designated for use in the EPA Provision. Items selected for Reverse Auction will be the final price based on the escalator clause in contract text B19.02. If no FPR is submitted, the initial offer will be used as the FPR. Prices are good for up to 190 days after submission of initial offer. For evaluation purposes, the offered unit prices(s) will not be updated until after award, regardless of pre-award changes in the reference price. (x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items is applicable to this acquisition and is in the OSP (Attachment 2) which will be incorporated into any awards made. DLA Energy contract texts required for certification is in the Offeror Submission Package (OSP) which must be attached in OET to the initial offer prices. (xi) FAR Clause 2.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (NON-PORTS INTERNET APPLICATION) ( TAILORED ) ( DLA ENERGY ) (JUL 2013) (a) INSPECTION/ACCEPTANCE. (1) The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (i) within a reasonable time after the defect was discovered or should have been discovered, and (ii) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (2) Also see the NONCONFORMING SUPPLIES AND SERVICES. (b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due, as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes a payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract. (c) CHANGES. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference. (f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, or delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (1) Name and address of the Contractor; (2) Invoice date and number; (3) Contract number, contract line item number, and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price, and extended price of the item delivered; (5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any prompt payment discount offered; (7) Name and address of official to whom payment is to be sent; and (8) Name, title, and phone number of person to be notified in event of defective invoice, and (9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (10) Electronic funds transfer (EFT) banking information. (i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), or applicable agency procedures. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United Stated or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) PAYMENT. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item number or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this DLA Energy FAR Tailored clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this DLA Energy FAR, Tailored clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) RISK OF LOSS. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon- (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) TAXES. The following tax clauses apply and are incorporated by reference: 52.229-6 Taxes -- Foreign Fixed-Price Contracts ( Feb 2013), 252.229-7000 Invoices Exclusive of Taxes or Duties (JUN 1997), 252.229-7001 TAX RELIEF-BASIC (SEP 2014), 252.229-7006 VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (DEC 2011), 252.229-7007 Verification of United States Receipt of Goods (JUN 1997), 252.229-7008 RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (DEC 2011), 252.229-7009 RELIEF FROM CUSTOMS DUTY AND VALUE ADDED TAX ON FUEL(PASSENGER VEHICLES) (UNITED KINGDOM) (JUN 1997) and 252.229-7010 RELIEF FROM CUSTOMS DUTY ON FUEL (UNITED KINGDOM) (JUN 1997). (l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms and conditions of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) TITLE. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) WARRANTY. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract. (r) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701 et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986, 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistle blower protections; Section 1553 of the American recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under the Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services; (2) The Assignments; Disputes, Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government Contracts paragraphs of this DLA Energy FAR Tailored clause; (3) The clause at 52.212-5; (4) Addenda to this solicitation or contract, including any license agreements for computer software; (5) Solicitation provisions if this is a solicitation; (6) Other paragraphs of this DLA Energy FAR Tailored clause; (7) Standard Form 1449; (8) Other documents, exhibits, and attachments; and (9) The specification. (t) System for Award Management (SAM). Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (xii) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Jan 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements ( Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (4) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). _x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). _x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I ( Jan 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) ( 15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) ( 15 U.S.C. 644(r) ). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) ( 15 U.S.C. 637(a)(14) ). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2) ). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ( 15 U.S.C. 637(m) ). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) ( 15 U.S.C. 637(m) ). _x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). x__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)( 38 U.S.C. 4212 ). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). __ (31) 52.222-37, Employment Reports on Veterans ( Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification ( Oct 2015 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) _X_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( Jun 2016 ) (E.O. 13693). _X_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( Jun 2016 ) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products ( Oct 2015 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ (43) 52.223-20, Aerosols ( Jun 2016 ) (E.O. 13693). __ (44) 52.223-21, Foams ( Jun 2016) (E.O. 13693). __ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (46) 52.225-1, Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) ( 41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. _X_ (48) 52.225-5, Trade Agreements ( Oct 2016 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). _X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). _X_ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (57) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (59) 52.242-5, Payments to Small Business Subcontractors ( Jan 2017)(15 U.S.C. 637(d)(12)). _X_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). (End of clause) (xiii) The following provisions and clauses apply and are incorporated by reference: 52.203-3 Gratuities (Apr 1984) 252.203-7012 Requirement to Notify Employees of Whistleblower Rights(SEP 2013) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991) 252.209-7002 Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.216-21 Requirements (Oct 1995) 252.216-7006 Ordering (MAY 2011) 252.225-7021 Trade Agreements-Basic (DEC 2017) 52.232.40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 252.232-7003 Electronic Submission of Payment Request and Receiving Reports (Jun 2012) 252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.233-7001 Choices of Law (Overseas) (Jun 1997) 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (Dec 2016) (DLAD) 252.243-7002 Request for Equitable Adjustment (Dec 2012) 252.2 44-7000 Subcontractors for Commercial Items and Commercial Components (June 2013) 252.247-7023 Transportation of Supplies by Sea Basic (Apr 2014) 252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000) (xiv) Below are the tailored contract texts that are applicable and are incorporated as part of any subsequent contract as a result of this synopsis/solicitation: 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (PC&S) (TAILORED) (DLA ENERGY) (JUL 2013) (a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code for this acquisition is 324110. The small business size standard is 1,500 employees or less, 125,000 barrels/calendar day capacity or less and 90% refined by a small business. However, the small business size standard for a concern that submits an offer in its own name, but that proposes to furnish an item that it did not itself manufacture, is 500 employees, including all affiliates. (b) SUBMISSION OF OFFERS. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt; (3) The name, address, and telephone, and facsimile number of the offeror (and electronic address if available); (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different from mailing address; (8) A completed copy of the representations and certifications in the certification package. See FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically; (9) Acknowledgment of solicitation amendments; (10) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ (11) Name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office; __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ (12) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (13) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or that reject the terms and conditions of the solicitation may be excluded from consideration. (d) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 190 calendar days from the date specified for receipt of offers. (e) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for offers, it was the only offer received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (g) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (h ) Offers submitted in response to this solicitation shall be in English and in U.S. dollars unless otherwise permitted by the solicitation. (i) Offerors may submit revised offers only if requested or allowed by the Contracting Officer. (j) CONTRACT AWARD. (1) While the Government intends to evaluate offers and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. (2) If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. (3) Exchanges with offerors after receipt of a offer do not constitute a rejection or counteroffer by the Government. (4) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, cost or price and other factors (including subfactors) specified elsewhere in this solicitation, considered. (5) The Government may reject any or all offers if such action is in the Government's interest. (6) The Government may waive informalities and minor irregularities in offers received. (7) The Government may accept any item or group of items of a offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (8) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party. (k) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA, FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION 470 EAST L'ENFANT PLAZA, SW, SUITE 8100 WASHINGTON, DC 20407 TELEPHONE: (202) 619-8925 FAX: (202) 619-8978 (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the address in (i) above. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search ( http://assist.daps.dla.mil/quicksearch ). (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk at (215) 697-2179, Monday through Friday, 0730 to 1600 EST; or (iii) Ordering from-- DEPARTMENT OF DEFENSE SINGLE STOCK POINT (DoDSSP) BUILDING 4, SECTION D 700 ROBBINS AVENUE PHILADELPHIA PA 19111-5094 TELEPHONE: (215) 697-2667/2179 FAX: (215) 697-1462 (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (l) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding $3,000 and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (m) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (n) DEBRIEFING. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award. (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (o). O fferors must submit supplier commitment letters and transportation agreements demonstrating that each 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. B001-B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/ HAWAII )(DLA ENERGY JAN 2012 ) (a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract text. (b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours. (c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements. SUPPLIES, DELIVERY POINTS, ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY THE SCHEDULE B WITH THE CLINS, DESCRIPTION, QUANTITY AND METHOD OF DELIVERY ARE IN THE SOLICITATION DEVELOPED IN EBS. B-002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) (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 provision; and (2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract. (b) DEFINITIONS. As used throughout this contract provision, the term-- (1) A ward price means the unit price offered by the Contractor and set forth opposite the item in the Schedule. (2) R eference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased. (3) Date of delivery means-- (i) FOR TANKER OR BARGE DELIVERIES. (A) F.O.B. ORIGIN. The date and time vessel commences loading; (B) F.O.B. DESTINATION. The date and time vessel commences discharging; (ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and (iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received. (c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery. (1) 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. (2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is- SEE PARAGRAPH K ENTITLED "TABLE" BELOW FOR DETAILS. (3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item's reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website ( 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. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy 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. (4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof. (i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor's posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer. (ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor's failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract. (5) Where the reference price is the Contractor's established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice. (d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments. (e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor's failure to deliver according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS - COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule. (f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed _575 percent of the award price, 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 conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with 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. (g) REVISION OF REFERENCE PRICE INDICATOR. In the event- (1) Any applicable reference price is discontinued or its method of derivation is altered substantially; (2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted; (3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or (4) 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 adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract. (h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule. (i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision. (j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision. (k) TABLE. NSN FUEL TYPE RECOMMENDED BASE REFERENCE DATE: 15-Jan-18 PRICE USG PLATTS CODE TECH TEAM Code EBS CONVERSION RATE 9130-01-527-9156 ULSD 10 PPM (SFD) Platts ULSD 10ppmS CIF NWE Basis UK Cargo 15-Jan-18 $1.972724 #AAVBH00 PDCIFNWED 315.30 9130-01-527-5763 Platts Gasoline 10ppmS CIF N9WE Cargo 15-Jan-18 $1.851331 #AAXFQ00 PDCIFNWEG 355.42 9140-01-556-9156 Platts Jet FOB NWE Cargo 15-Jan-18 $2.05158 #PJAAV00 PDCIFNWEEJ 328.42 NOTE: PRICES WILL ESCALATE ON A DAILY BASIS. THE LAST ELECTRONIC PUBLICATION PREVAILS. C1 SPECIFICATIONS (DLA ENERGY JAN 2012) Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s). C16.68 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY JUL 2012) Supplies delivered under this contract/solicitation shall conform to all National environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. The list of such requirements contained in this contract/solicitation is not intended to be a complete list and the Contractor shall be responsible for determining the existence of all such requirements. In the eventthat a National environmental requirement is more stringent than a specification contained in this contract/solicitation, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. (a) GASOLINE, AUTOMOTIVE, UNLEADED. Product shall conform to (Filled in by DLA Energy Quality Technical (QT) on EBS SCHEDULE B and cited as CQAPS). (b) FUEL OIL, DIESEL. Pr oduct shall conform to (Filled in by DLA Energy QT on EBS SCHEDULE B and cited as CQAPS). F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DLA ENERGY JAN 2012) (a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows: (1) F.O.B. DESTINATION. (i) DELIVERIES BY TANKER OR BARGE. (A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the quantity shall be determined on the basis of-- ( 1 ) Calibrated meters on the receiving tank system; or ( 2 ) Receiving tank measurements. (B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). (ii) DELIVERIES BY RAIL TANK CAR. (A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of-- ( 1 ) Calibrated meter on the receiving tank system; ( 2 ) Weigh, using calibrated scales at the receiving location; or ( 3 ) Receiving tank measurements. (B) All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). (iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON. (A) If the narrative requires a tank wagon (which is always equipped with a meter), that meter shall be used to determine quantity at time of delivery. The quantity shall be read directly from the meter. On items requiring delivery on a f.o.b. destination basis by tank truck or truck and trailer, quantity shall be determined in the following order of preference: ( 1 ) Calibrated meter on the receiving tank system ( 2 ) Calibrated meter on the conveyance ( 3 ) Weight using calibrated scales at the receiving location. ( 4 ) Loading rack meter ticket. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter. The loading rack ticket shall be mechanically annotated with the gross and net gallons (or gross and net liters), the observed and corrected API gravity (or density), and the temperature at which the product was measured. ( 5 ) Receipt tank measurements (as identified in the Schedule). (B) All quantities, other than delivery by tank wagon, shall be converted, either mechanically or manually, to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). (C) If a loading rack meter ticket is used to determine quantity for a biodiesel blend, the quantity shall be converted to net (volume corrected) gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). The Contractor shall prepare separate loading rack meter tickets for the diesel portion and for the biodiesel blend stock B100 (the industry designation for pure biodiesel), hereinafter referred to as the B100 portion of the load. The B100 loading rack meter shall be recorded at gross (ambient) temperature when the loading meter is not capable of providing a net (volume corrected) quantity. The total shall be the sum of the net diesel and gross B100. When the B100 loading rack meters are capable of providing a net (volume corrected) quantity, the total receipt quantity shall be the sum of the net diesel and the net B100. (2) F.O.B. ORIGIN. All quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). (i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of-- (A) Calibrated meter; or (B) Shipping/shore tank measurement. (ii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of-- (A) Certified loading rack meter; (B) Weight, using calibrated scales; or (C) Certified capacity tables for the rail tank car. (iii) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON. (A) On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of-- ( 1 ) Calibrated loading rack meter; ( 2 ) Weight, using calibrated scales; or ( 3 ) Certified capacity tables of the conveyance loaded. (B) WATER BOTTOMS. ( 1 ) Every delivery must be free of all water bottoms prior to discharge; and ( 2 ) The Contractor is responsible for their removal and disposal. (b) MEASUREMENT RESTRICTIONS. All methods of measurements described in this contract provision are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases. (c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the United States, other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibration standards. In addition, the following specific standards will be used as applicable: (1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine and the 2004 version of the standard will be the referee method. (i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A. (ii) For lubricating oils, use Volume XIII, Tables 5D and 6D; Volume XIV, Tables 53D and 54D; or Tables 23D and 24D (2004 version). (iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VII, Tables 53B and 54B; or Volume V, Tables 23B and 24B. (iv) For chemicals/additives, use Volume III, Table 6C (or Volume IX, Table 54C) or volume correct in accordance with the product specification. (v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used. (vi) As an option to (c) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer. (vii) If the original measurement is by weight and quantity is required by U.S. gallons, then-- (A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit. (B) Volume XII of the adjunct to ASTM D 1250, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit. (2) API MPMS Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which, as a minimum, contains-- (i) Number/name of each meter; (ii) Calibration frequency; (iii) Date of the last calibration; (iv) Due date for next calibration; (v) Name and signature of the person performing the calibration; (vi) Traceability to master meter/prover used for calibration; and (vii) Calibration report number. Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter recordings and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years. (3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of tank shell correction factor is not required unless its use is a customary practice for custody transfer. TABLE F1.09-2A CONVERSION FACTOR TABLE Density @ 15°C Gallons @ 60°F to Liters @ 15°C, Multiply by Liters @ 15°C to Gallons @ 60°F, Multiply by 0.723 - 0.768 3.78286 0.264350 0.769 - 0.779 3.78309 0.264334 0.780 - 0.798 3.78334 0.264317 0.799 - 0.859 3.78356 0.264301 0.860 - 0.964 3.78381 0.264284 0.965 - 1.074 3.78405 0.264267 (d) SHIPPING DOCUMENTATION. The following information shall be mechanically annotated on the contractor's shipping document (such as a truck's metered ticket) when the document is used to determine quantity under this contract: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. The following exceptions apply: (1) Where government documents are the sole basis for payment, such as DD Form 250/250-1s, the information is not required. (2) Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity. (3) Where volume correction for temperature is not required in accordance with Paragraph (a)(1)(iii)(B) above, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required. (e) RIGHT TO REPRESENTATIVE. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity. (f) DISCREPANCIES. For f.o.b. destination deliveries utilizing volume corrected loading rack meter tickets to determine quantity: (1) The quantities shown on the shipping document (volume corrected loading rack meter tickets) will be accepted as the quantity received, provided that any differences between that quantity and the Government's receipt tank measurement at destination does not exceed one half of one percent (0.5%) of the amount on the shipping document.. If the difference is greater than one half of one percent (0.5%), the quantity determined by the Government using receipt tank measurements at destination will be used for acceptance and payment provided receipt tank measurements are identified in the Schedule as an approved quantity determination method for that line item. Quantity measurements using the methods specified in section (a)(1)(iii)(A) (1-3) above will be used for acceptance and payment regardless of any discrepancy with a loading rack meter ticket. (2) If, the Government's receipt tank quantity measurement varies by more than one half of one percent (0.5%) from the Contractor's quantity measurement, the parties may conduct a joint investigation) of the variation in order to identify the cause of the discrepancy. Any quantity discrepancy that cannot be settled by the parties and results in a dispute shall be resolved under the Disputes provisions of the contract. F1.25 DELIVERY AND ORDERING PERIODS (DLA ENERGY JAN 2012) (a) This contract provision applies to all modes of delivery, whether origin or destination. (b) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, shall be as follows unless the item in the Schedule specifies otherwise: (1) Ordering Period Begins: June 1, 2018 or date of award (whichever comes first) and Ends: 31 July 2021. (2) Delivery Period Begins: 48 hours after contract award and Ends:_30 days after the end of the ordering period. (c) Notwithstanding the foregoing, deliveries made prior to the delivery period at the option of the Contractor and pursuant to an order by the Government shall be deemed to have been made under this contract at the applicable contract price(s). (d) Insofar as practicable, the Government will attempt to lift in approximately equal monthly quantities for the life of the contract. However, if the monthly pro rata for tanker lifting is less than the Contractor's maximum parcel size, the Government reserves the right to order volumes equal to the maximum parcel size per delivery. (e) Unless otherwise specifically stated in this contract, and notwithstanding (e) above, where the total estimated quantity for any individual product or grade of product awarded under this contract is equal to or less than 30,000 barrels, the Government may order, and the Contractor shall deliver, if ordered, the entire quantity in one delivery. (f) Nothing included in this contract provision shall restrict the Government's rights under the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT provision. NOTE REGARDING FOLLOWING PROVISION: DUE TO FORCE PROTECTION OPTIONS THAT EACH COMMANDER OF EACH BASE CAN IMPLEMENT AND CHANGE AS NEEDED, UNTIL FURTHER NOTICE, AUTOMATIC FILL WILL MEAN A MONTHLY DELIVERY ORDER QUANTITY WILL BE ISSUED AND ACTIVITY WILL EMAIL AND CALL CONTRACTOR FOR EACH DELIVERY WITHIN THAT MONTH. CONTRACTOR AND ACTIVITY MUST MUTUALLY AGREE UPON DATE. CONTRACTOR MAY INVOICE AFTER EACH DELIVERY MADE AGAINST THE MONTHLY ISSUED ORDER AS LONG AS IT DOES NOT EXCEED FIVE (5) INVOICES PER ORDER. F1.26 DELIVERY CONDITIONS FOR ALL ITEMS INCLUDING AUTOMATIC FILL-UP (DLA ENERGY JAN 2004) (a) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination specified in the Schedule by means of the transportation equipment specified in the Schedule. Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the delivery order. (b) Unless otherwise specified in the Schedule, all deliveries shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 72 hours prior to the day so specified. Deliveries shall be made during normal business hours, 8 a.m. to 5 p.m., Monday through Friday. (c) Unless otherwise stated in the Schedule, the Contractor shall not be required to deliver by road tanker a quantity less than 500 liters nor into more than one storage tank. (d) Unless otherwise specified in the Schedule, delivery equipment shall include a minimum of 18 meters of hose for deliveries into base and AAFES storage and a minimum of 36 meters of hose for deliveries into housing storage. (e) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within prescribed free time. Unless otherwise provided in the Schedule, free time for unloading delivery vehicles shall be unlimited. (f) Title to supplies, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. (g) Where, for particular items, Automatic Fill-Up is specified in the Schedule, the following provisions shall apply: (1) The Ordering Officer shall furnish the Contractor (i) a map or other written information indicating the location and capacity of each receiving tank; (ii) a record of deliveries to each tank during the previous season; and (iii) a description of any restricted areas and special procedures to be allowed, if any. (2) The Contractor's delivery equipment will be permitted access to the areas where deliveries are to be made 24 hours a day, 7 days a week, or as otherwise specified by the Ordering Officer. (3) The Contractor shall establish and maintain a delivery schedule which will ensure that the level of fuel in each tank at all times is never less than 30 percent of its capacity. (4) Each invoice submitted to the Government for Automatic Fill-Up deliveries shall be accompanied by a record of the total quantity delivered for each item each day. (h) All quantities of kerosene (KSN) and diesel fuel (SFD) will be marked to comply with HMS Customs and excise requirements regardless of intended use. Loading hatches on trucks delivering gasoline may be locked but not sealed. All other products may be delivered in trucks that are neither locked nor sealed. On all deliveries, the Contractor must provide a means for the receiving activity to determine quantity at destination. F1.11 DLA Internet Bid Board System (DIBBS) (DLA ENERGY) (APR 2014) (a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor's authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications. (b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS. (c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation. (d) Preparation and Transmission of Orders (1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities. (2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date. (i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order. (ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order. (iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different. (iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract. (v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office. (3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order. (4) The Contractor's nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation. I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) (a)The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor fails to use reasonable care or fail to comply with the requirements of this contract and damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government. Should the Contractor fail or refuse to make such repairs or replacements, the Government may have the said repairs or replacement accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due under this contract. Informal agreement with the Contractor upon replacement, repairs, or costs to be deducted shall first be attempted by the Installation Commander or Ordering Officer. If disagreement persists, the matter shall be referred to the Contracting Officer. Unless approved by the Contracting Officer, no costs shall be deducted from amounts due or owing without the Contractor's consent. (b)The Contractor shall take all measures as required by law to prevent oil spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any oil (including, but not limited to, gasoline, diesel fuel, fuel oil, or jet fuel), the Contractor shall be responsible for the containment, cleanup, and disposal of the oil spilled. Should the Contractor fail or refuse to take the appropriate containment, cleanup, and disposal actions, the Government may do so itself. The Contractor shall reimburse the Government for all expenses incurred including fines levied by Federal, State, or local governments. 52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2011) (a)The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. (b)Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. (c)The offeror should check here to opt out of this clause: [ ] Alternate wording may be negotiated with the Contracting Officer. I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) (a) The Government shall have the right to extend this contract on the same terms and conditions one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor not later than_ 30 _ days prior to expiration of the contract ordering period or any extension thereof. Nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the DLA Energy Contracting Officer fails to issue the notice prior to _ 30 days before the end of the ordering period. (b) Extension of this contract shall be considered to have been accomplished at the time the DLA Energy Contracting Officer provides written notification to the Contractor. DLAD 52.215-9023 REVERSE AUCTION (OCT 2013) The Contracting Officer may utilize on-line reverse auctioning as a means of conducting price discussions under this solicitation. If the Contracting Officer does not conduct a reverse auction, award may be made on the basis of initial offers or following discussions not using reverse auctioning as a pricing technique. If the Contracting Officer decides to use on-line reverse auctioning to conduct price negotiations, the Contracting Officer will notify Offerors of this decision and the following provisions will apply: (a)The award decision will be made in accordance with the evaluation factors as set forth in the solicitation. The reverse on-line auction will be used as a pricing technique during discussions to establish the final offered prices from each Offeror. These prices will be used in conjunction with the evaluation factors stated elsewhere in the solicitation in order to make the award decision in accordance with the basis for award stated in the solicitation. (b) Following the decision to conduct discussions using reverse auctioning as a pricing technique, the Contracting Officer or his/her representative will provide Offerors determined to be in the competitive range with information concerning the auction process. (c)Prior to conducting the reverse auction, the Contracting Officer may hold discussions with the Offerors concerning matters appropriate for discussion, such as issues involving technical proposals or unbalanced pricing. (d)Unless auction instructions indicate that only Offeror's rankings will be displayed, the lowest Offeror's price(s) for each round of the reverse auction will be disclosed to other Offerors and anyone else having authorized access to the auction. This disclosure is anonymous, meaning that each Offeror's identity will be concealed from other Offerors (although it will be known to the Government; only a generic identifier will be used for each Offeror's proposed pricing, such as "Offeror A" or "lowest-priced Offeror"). By submitting a proposal in response to the solicitation, Offerors agree to participation the reverse auction and that their prices may be disclosed, including to other Offerors, during the reverse auction. (e)An Offeror's final auction price at the close of the reverse auction will be considered its final price proposal revision. No price revisions will be accepted after the close of the reverse auction, unless the Contracting Officer decides that further discussions are needed and final price proposal revisions are again requested in accordance with Federal Acquisition Regulation (FAR) 15.307, or the Contracting Officer determines that it would be in the best interest of the Government to re-open the auction (f)The following requirements apply when the Government uses a commercial web-based product to conduct the reverse auction: (1)Each Offeror identified by the Contracting Officer as a participant in the reverse auction will be contacted by Defense Logistic Agency's commercial reverse auction service provider to advise the Offeror of the event and to provide an explanation of the process. (2)In order for an Offeror to participate in the reverse auction, such Offeror must agree with terms and conditions of the entire solicitation, including this provision, and agree to the commercial reverse auction service provider's terms and conditions for using its service. Information concerning the reverse auction process and the commercial service provider's terms and conditions is embedded within the email notification sent by the on-line reverse auction pricing tool system administrator. (3)Offerors shall secure the passwords and other confidential materials provided by the commercial reverse auction service provider or the Government and ensure they are used only for purposes of participation in the reverse auction. Offerors shall keep their own and other Offeror's pricing in confidence until after contract award. (4)The reverse auction system currently in use designates offers as "Lead," meaning the current low price in that auction, or "Not Lead," meaning not the current low price in that auction. In the event of a tie offer, the reverse auction provider's system designates the first offer of that price as "Lead" and the second or subsequent offer of that price as "Not Lead." Offerors shall not submit a tie offer, since this is inconsistent with the purpose of the reverse auction. If a tie offer is submitted and no evaluation factors other than price were identified in the solicitation, the "Not Lead" Offeror that submitted the tie offer must offer a changed price; otherwise its offer will be ineligible for award if their final price in the auction is the tie offer price. If evaluation factors in addition to price were listed in the solicitation tie offers that are "Not Lead" will be considered and evaluated in accordance with those evaluation factors. (5)Any Offerors unable to enter pricing through the commercial reverse auction service provider's system during a reverse auction must notify the Contracting Officer or designated representative immediately. The Contracting Officer may, at his/her sole discretion, extend or re-open the reverse auction if the reason for the Offeror's inability to enter pricing is determined to be without fault on the part of the Offeror and outside the Offeror's control. (6)The reverse auction will be conducted using the commercial reverse auction service provider's web site as embedded in the email notification. Offerors shall be responsible for providing their own computer and internet connection. (7)Training: (i)The commercial reverse auction service provider and/or a Government representative will provide familiarization training to Offerors employees; this training may be provided through written material, the commercial reverse auction service provider's website, and/or other means. (ii)An employee of an Offeror who successfully completes the training shall be designated as a "Trained Offeror." Only Trained Offerors may participate in a reverse auction. The Contracting Officer reserves the right to request that Offerors provide an alternate Offeror employee to become a Trained Offeror. The Contracting Officer also reserves the right to take away the Trained Offeror's designation from any Trained Offeror who fails to abide by the solicitations or commercial reverse auction service provider's terms and conditions. K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) The Defense Logistics Agency Energy (DLA Energy) will release prices of successful Offerors after contract award pursuant to 10 U.S.C. 2305(g)(2), FAR 15.506(d)(2) and 32 CFR 286h-3. Prices are the bottom-line price and do not include any breakout of costs, such as transportation or overhead, and do not disclose the offeror's anticipated profit or any pricing factors. K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014) (a) When a vendor becomes aware that an invoice was submitted for a price or quantity that is lower than the correct amount, the following needs to be done: 1. The vendor will go to WAWF and try to recall the invoice and do changes in price or quantity. If the vendor is unable to recall the invoice: 2. The vendor will submit via fax (Fuels EDM FAX Line: 614-701-2638 or DSN 791-2638/ Toll Free 855-234-5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice number that is a derivation of the original invoice number that was submitted and paid. (For example, if the original invoice number was 12345, then adjustment invoice number shall be 12345ADJ). 3. The adjustment invoice should have the original price or quantity cited as well as the corrected price or quantity and the net adjustment, 4. All other proper invoice criteria, in accordance with the Prompt Payment Act, remain required for adjustment invoices. 5. The vendor can print the WAWF invoice and use it to make the adjustments as described above. If a vendor has payment status questions, they may contact either DFAS-Customer Service at DFAS-CO_LC@DFAS.MIL or dial 1-800-756-4571 option 2, or contact their DLA Energy Contracting Officer, to obtain contract information from their contract. Note: The aforementioned email address contains an underscore "_" between the "CO" and "LC". L54 SITE VISIT (DLA ENERGY OCT 1992) (a) It is the responsibility of the offerors/bidders to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. Offerors/bidders are responsible for any costs incurred for any site inspection and for obtaining information. (b) In no event shall failure to inspect the site constitute grounds for a claim after contract award. 52.212-2 EVALUATION -COMMERCIAL ITEMS (OCT 2014) The Government will award a contract resulting from this solicitation per FAR 15.101-2, Lowest Price Technically Acceptable to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Each line item will be evaluated and awarded independently from all other line items. The following factors shall be used to evaluate offers: •1. Price: (1) Evaluation of price for each CLIN will be made by determining the total estimated price for that CLIN. For evaluation purposes, total estimated price will be determined as follows: (a) The offered unit price per gallon for each individual CLIN will be multiplied by the estimated quantity stated in the solicitation schedule B1.05. Lowest price will be determined on a line item-by-line item basis. The evaluation of lowest price will be done by multiplying the offered unit price by the estimated quantity. The 6 month extension period in clause I209-09, will be evaluated by multiplying the offered unit price for each individual CLIN against an estimated quantity for the six month period. (b) Offerors are reminded that, in accordance with FAR Clause 52.229-6, all proposed unit prices shall include all applicable taxes and duties, except taxes and duties that the Government of the United Sates and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States. (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. •2. Compliance with solicitation requirements: In order to be considered for award, an offeror must meet or exceed the technical acceptability standards for its Supplies, Terms and Conditions as follows: Acceptable Supplies; Terms and Conditions: An offer will be deemed technically acceptable if it meets the minimum requirements of the solicitation, including the requirement schedule, and the minimum product specification requirements in the CQAPs Offerors must submit Certificates of Analysis for each type of fuel or Specification analysis sheets from terminal typical guarantees to ensure minimum specifications required in the CQAPS are technically acceptable. M55 CONVERSION FACTORS (DLA ENERGY MAR 2007) (a) This provision applies to all products except lubricating oils. (b) The offeror should use conversion factors that reflect its product characteristics and submit prices and transportation rates in the requested units. In the event prices or transportation rates are not submitted in the requested units, the following conversion factors based on an assumed density for the product will be used by DLA Energy in the evaluation of the offer. (1) TABLE I. One Imperial Gallon = 1.20095 U.S. Gallons at the same temperature One Liter = 0.264172 U.S. Gallons at the same temperature One Cubic Meter (1,000 liters) = 6.2898 Barrels at the same temperature One U.S. Barrel = 42 U.S. Gallons at the same temperature One Kilometer = 0.62137 Miles One Mile = 1.6093 Kilometers One Nautical Mile = 1.15 Statute Miles (2) TABLE II. DENSITY TYPICAL PRODUCT @15 o C @60oF BARRELS PER GALLONS PER LITERS PER BARRELS PER GALLONS PER Kg/m 3 API METRIC TON METRIC TON METRIC TON LONG TON LONG TON AUTOMOTIVE GASOLINE (ALL) 744.9 58.4 8.462 355.42 1342.46 8.598 361.12 AVIATION GASOLINE (ALL) 716.3 66.0 8.801 369.66 1396.06 8.943 375.59 BURNER FUEL OILS FUEL OIL NO. 1 812.8 42.5 7.753 325.61 1230.31 7.877 330.83 FUEL OIL NO. 2 846.9 35.5 7.440 312.49 1180.78 7.560 317.51 FUEL OIL NO. 4 914.2 23.2 6.891 289.44 1093.85 7.002 294.09 FUEL OIL NO. 5 LIGHT 954.2 16.7 6.602 277.27 1048.00 6.707 281.71 FUEL OIL NO. 5 HEAVY 960.7 15.7 6.557 275.39 1040.91 6.662 279.81 FUEL OIL NO. 6 976.6 13.3 6.450 270.90 1023.96 6.554 275.25 DIESEL FUELS NO. 1 DIESEL (ALL) 818.9 41.2 7.695 323.17 1122.15 7.818 328.36 NO. 2 DIESEL (ALL) & GAS OIL 839.3 37.0 7.507 315.30 1191.47 7.628 320.36 INTERMEDIATE FUEL OILS IFO 180 965.3 15.0 6.526 274.09 1035.95 6.630 278.48 IFO 380 973.9 13.7 6.468 271.65 1026.68 6.572 276.01 JET FUELS JP4/JET B 764.6 53.5 8.243 346.22 1307.87 8.376 351.78 JP5 819.9 41.0 7.686 322.80 1219.66 7.809 327.98 JP8/JET A1/F34/TS1 805.9 44.0 7.820 328.42 1240.85 7.945 333.69 JET A 814.2 42.2 7.739 325.04 1228.20 7.863 330.26 KEROSINES (ALL) 815.2 42.0 7.730 324.68 1226.69 7.854 329.88 MARINE GAS OIL 839.3 37.0 7.507 315.30 1191.47 7.628 320.36 NAPHTHA 731.1 62.0 8.623 362.16 1367.80 8.761 367.97 NAVAL DISTILLATE FUEL (F76) AND DFW (F75) 844.3 36.0 7.463 313.43 1184.41 7.582 318.46 (3) TABLE III. ASSUMED DENSITY PRODUCT 20 deg C/20 deg C g/mL lb/gal Kg/gal FSII DIEGME 1.025 8.561 3.884 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) (a) Offerors are expected to submit offers in full compliance with all terms and conditions of this solicitation. (b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either-- (1) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or (2) The exception/deviation is acceptable. (c) If the exception/deviation is in reference to a specification contained in this solicitation and the offeror cannot supply product fully meeting the required specification(s), the product can be offered for consideration provided the offeror clearly indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s). (d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this solicitation, the offer can be considered provided the offeror clearly indicates, by attachment to the offer, the extent to which its offer differs from those requirements. (e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from making an award under those circumstances.
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Place of Performance: Address: Various locations in England, United Kingdom
Record: SN04878009-W 20180406/180404231212-7d56bc2c04d27a120e89afa3eb682a9c (fbodaily.com)
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91 -- Ground Fuels for PP 1.8J United Kingdom - Amendment 1