SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 3. AWARD/EFFECTIVE DATE 2. CONTRACT NO. SPE605-20-P-9774 1. REQUISITION NUMBER 4. ORDER NUMBER a. NAME 9. ISSUED BY CODE SPE605 6. SOLICITATION ISSUE DATE b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/ LOCAL TIME 11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED 10. THIS ACQUISITION IS SMALL BUSINESS DLA ENERGY POST, CAMPS, AND STATIONS 8725 JOHN J. KINGMAN ROAD FORT BELVOIR VA 22060 USA Local Admin: MARCUS NOLAN DNM0019 Tel: 571-767-9517 Email: Marcus.Nolan@dla.mil HUBZONE SMALL BUSINESS SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS Net 30 days SET ASIDE: UNRESTRICTED OR EDWOSB NAICS: 324110 8 (A) SIZE STANDARD: 13b. RATING 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) DO-C9 14. METHOD OF SOLICITATION RFQ 15. DELIVER TO CODE % FOR: WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM 12. DISCOUNT TERMS SEE SCHEDULE IFB 16. ADMINISTERED BY RFP CODE SPE605 CODE SL4701 SEE BLOCK 9 Criticality: C PAS : None SEE SCHEDULE CODE 5T0G3 FACILITY CODE 18a. PAYMENT WILL BE MADE BY DEF FIN AND ACCOUNTING SVC BSM P O BOX 182317 COLUMBUS OH 43218-2317 USA DGCI Corporation DBA DGCI 7950 Jones Branch Dr Ste 601N MCLEAN VA 22102-3302 USA TELEPHONE NO. 5. SOLICITATION NUMBER 2020 MAR 12 7. FOR SOLICITATION INFORMATION CALL: 17a. CONTRACTOR/ OFFEROR PAGE 1 OF 31 W58EVS0072FE02 5712015995 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED. SEE ADDENDUM 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT See Schedule 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 25. ACCOUNTING AND APPROPRIATION DATA $3,344,642.01 BX: 97X4930 5CFX 001 2620 S33189 $3344642.01 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 29. AWARD OF CONTRACT: REF. 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , HEREIN IS ACCEPTED AS TO ITEMS: 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30a. SIGNATURE OF OFFEROR/CONTRACTOR BARBER.PAMELA.W.1229473936 30b. NAME AND TITLE OF SIGNER (Type or Print) OFFER DGCI Corporation 2020-Mar-12 30c. DATE SIGNED Digitally signed by BARBER.PAMELA.W.1229473936 Date: 2020.03.12 23:19:12 -04'00' 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED Pamela Barber Pamela.Barber@dla.mil AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE 2020 MAR 12 STANDARD FORM 1449 (REV. Prescribed by GSA - FAR (48 CFR) 53.212 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER PARTIAL 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 39. S/R VOUCHER NUMBER 40. PAID BY COMPLETE FINAL 38. S/R ACCOUNT NO. 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 37. CHECK NUMBER 36. PAYMENT PARTIAL FINAL 42a. RECEIVED BY (Print) 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 3 OF 31 PAGES CLIN: 0001 Product: Turbine Fuel, Aviation (JP8) Quantity: 333,000 USG NSN: 9130-01-031-5816 Period of Performance: April 1, 2020 through April 30, 2020 Delivery Location: Erbil International Airport, Iraq Delivery Mode: Tank Truck w/pump and meter with 2-inch and/or 4-inch camlock fittings Price per Gallon: $10.043970 Total Price: $3,344,642.01 Delivery Hours: 0800 – 20000 Hours Monday thru Sunday POC: CPT Corey Campbell; NIPR No.: 302-776-60 Additional Delivery Notes: A11 delivery truck drivers must possess all documentation required for base access. Documentation must be current and valid. Additional POC 1: POC: WO1 Ramirez, Jorge A.; POC E-mail: jorge.a.ramirez46.mil@mail.mil; POC Cell No.: 077.324.50489 Additional POC 2: SFC Smith, Matthew; POC Phone No.: 302-668-7072; E-mail: matthew.w.smith140.mil@mail.mil Storage capacity: (1) 20,000 Bladder(s) (3) 50,000 Bladder(s) (1) 50,000 Tank(s) C16.64-1 TURBINE FUEL, AVIATION (JP8) (INLAND EAST GULF/OFFSHORE) (ROCKY MOUNTAIN /WEST) (WESTPAC) (ATL/EUR/MED) (PC&S) (DLA ENERGY OCT 2018) NATIONAL STOCK NUMBERPRODUCT NOMENCLATUREDLA ENERGY PRODUCT CODE 9130-01-031-5816Turbine Fuel, AviationJP8 Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. The list of such requirements contained in this contract is not intended to be a complete list, and the Contractor shall be responsible for determining the existence of all such requirements. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent fuel specification. Product that fails to meet the more stringent fuel specification will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited above. In the event that compliance with the more stringent fuel specification causes the contractor to incur additional costs, the contractor may request an equitable adjustment. (a)Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133K, dated July 18, 2018. See nomenclature above. (b)INCIDENTAL CONTAMINANTS. Particulate Matter and Fatty Acid Methyl Ester (FAME) content shall not exceed the limits outlined in Table IV of MIL-DTL-83133K dated July 18, 2018. (c)SPECIFICATION MODIFICATIONS. Aviation Turbine Fuel (JP8) shall conform to MIL-DTL-83133K modified as follows: (1)TESTING (i)FILTRATION TIME TESTING. For filtration time testing round upwards when reporting the filtration time, in minutes. For example, a filtration time of 10 minutes, 18 seconds, would be reported as 11 minutes. (ii)MICROSEPAROMETER (MSEP) RATING LIMITS. See MIL-DTL-83133K, Table 1, Note 15 for MSEP test method selection criteria. (A)Prior to initial production under this contract, the Contractor shall elect, on a one-time basis, which MSEP limit will be met for the balance of the contract. If the Contractor introduces fuel system icing inhibitor (FSII), corrosion inhibitor/lubricity improver (CI/LI), and/or static dissipater additive (SDA) after verification of product conformance with the MSEP requirement, the product is not required to meet a fixed limit on subsequent MSEP tests. (B)If the Contractor elects to verify conformance with the MSEP requirement on a sample of product that does not contain FSII and CI/LI, an additional MSEP test shall be performed on a hand blend containing aviation turbine fuel, FSII, CI/LI, and antioxidant (AO) (AO only if required). The FSII shall be included in this hand blend at a concentration of 0.07 to 0.10 volume percent and the amount of the CI/LI included shall be within the concentration range specified in QPL-25017. The additional MSEP result of this hand blend is a REPORT ONLY requirement, and shall be recorded corresponding to item 750X on the Standardized Report Form (see Attachment ). This result shall be recorded with an asterisk next to it, and with a footnote below, stating, “*MSEP result is a ‘Report Only’ requirement. Original result of (fill in actual result) on product containing the following additives: (fill in combination of additives).” (iii)WORKMANSHIP. The workmanship criteria in MIL-DTL-83133K, paragraph 3.5, is revised to read, “At the custody transfer point, the finished fuel shall be clear and bright and visually free from undissolved water and particulate matter in accordance with approved test methods. ASTM D4176 or ASTM D6986 may be used. In case of dispute as determined by sample results taken from the custody transfer point, the fuel shall be clear and bright at 21 degrees Celsius (°C) (70 degrees Fahrenheit [°F]) and shall contain no more than 1.0 mg/L of particulate matter. The sample in dispute shall be taken into an area where the sample is permitted to slowly equilibrate to 21°C (70°F); this shall apply to either D4176 or D6986.” (A)ASTM D6986 shall be the referee test method, see requirements, as drafted, in MIL-DTL-83133K, section 3.5. (B)For ASTM D 4176, Procedure 2, with a result of Rating 1, maximum. If the sample fails ASTM D4176 only because it contains visible particulate matter, but meets the particulate matter requirements of 1.0 mg/L maximum as stated in MIL-DTL-83133K, Table IV, the workmanship criteria is met. (2)SPECIAL LOCATION REQUIREMENTS CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 4 OF 31 PAGES (i)Rocky Mountain/West. Aviation fuel movement via the Chevron Pipeline (Utah, Idaho, or Washington state entry points) shall be limited to total sulfur content of 0.15 mass percent, maximum. (ii)Alaska. For fuels refined in Alaska and delivered to Alaska locations, the total acid number shall be relaxed to 0.020 mg KOH/g maximum (d)ADDITIVES. Additives are required for deliveries of JP8 per MIL-DTL-83133K, unless addition is excluded by specific solicitation line item, applicable contract clause, or other contractual requirement. (1)The CI/LI additive(s) used shall be of the type and concentration cited in QPL-25017. To locate this information: (1) Go to the Acquisition Streamlining and Standardization Information System (ASSIST) Quick Search website (URL http://quicksearch.dla.mil/), (2) type "QPL-25017" in the Document ID field, press the Search button, (3) click the QPL- 25017 search result under Document ID, (4) click the "Qualification" link under Overview [or the "View QPD data" link under Revision History], and (5) click the “MIL-PRF- 25017 CATEGORY 1” link under Govt Designation. The concentration range for each additive is listed under the “Source Notes” link under the far right column of the table. (2)Metal deactivator additive (MDA) shall not be used in JP8 unless the Contractor has obtained written consent from the Contracting Officer. (3)The requirement for SDA (see MIL-DTL-83133K, paragraph 3.3.3 and fuel electrical conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule. Line injection of additives (FSII, CI/LI, and SDA) from shipping tank to delivery conveyance is permitted under the following conditions: (i)A laboratory hand blend containing the required additives and aviation turbine fuel shall be tested to verify compliance with the specification. (ii)Additives shall be proportionately injected throughout the entire loading process to ensure the additive is homogeneously blended into the product. The Contractor shall maintain records evidencing the homogeneous blending of all line-injected additives. Such records shall include meter or tank gauge readings or test results taken at intervals to provide confidence in the injection process. (iii)When FSII is line injected, additive concentration shall be verified based on a representative sample from each shipping conveyance. (iv)When SDA is line-injected, and insufficient time is available for the fuel to reach equilibrium before departure of the shipping conveyance, the Contractor shall verify conductivity level on a representative sample from each shipping conveyance. The receiving activity will measure the conductivity and advise DLA Energy if it does not meet the specification requirements. (4)SPECIAL LOCATION REQUIREMENTS (ATL/EUR/MED ONLY) (i)For deliveries to La Spezia, Italy, the CI/LI shall be 3.5 g/m3 above the minimum effective concentration as identified in QPL-25017. See paragraph (c)(1) above. (ii)When AO is added to the hydrotreated portion of the finished product, the percentage of the blend that has been hydrotreated shall be reported. (iii)The requirement for SDA (see MIL-DTL-83133K, paragraph 3. conductivity requirement in Table I) shall not apply unless stated otherwise in the Schedule. E1 CONTRACTOR INSPECTION RESPONSIBILITIES (a) This contract provision applies to: (1) All aviation fuel, lubricating oil, and additive shipments. (2) All Bulk and Posts, Camps, and Stations non-aviation fuel shipments via pipeline or waterborne transport. (b) QUALITY CONTROL PLAN. (1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan (QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR. (2) The Contractor shall require subcontractors to provide and maintain inspection systems adhere to all the requirements in this contract provision. (3) The QCP shall include the identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system, indicating all inspection points, and a description of the following operations related to the supplies or services to be furnished under the contract: (i) RECEIVING, BLENDING AND COMPOUNDING. Procedures used to ensure the quality of additives blended into product supplied under this contract. Procedures to identify and ensure the quality of component base stocks used to produce finished product. Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for in-line blending of non-aviation products in accordance with the IN-LINE BLENDING OF NON-AVIATION PETROLEUM PRODUCTS contract provision are used, the QCP will provide for establishing blend ratios, and identify the responsible personnel within the Contractor's organization authorized to establish the blend ratios. When line injection of additives is required by the contract, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the product, as well as procedures for maintaining records evidencing the homogeneous blending of all line injected additives. In addition to the testing in (iii) below, a laboratory hand blend of jet fuel with all additives required by the contract shall be tested, prior to shipment, to verify compliance with the specification; (ii) SAMPLING. Procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers in accordance with API Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, (ASTM D 4057) Manual Sampling of Petroleum and Petroleum Products, and/or Section 2, (ASTM D 4177) Automatic Sampling of Liquid Petroleum and Petroleum Products. Procedures include sample location, frequency, quantity, and retention. For all tanker, barge, and pipeline shipments, a flow-proportional sample taken in accordance with MPMS Chapter 8, Section 2, is preferred at the custody transfer point. However, manual samples taken in accordance with MPMS Chapter 8, Section 1 are acceptable provided that they are taken hourly throughout the shipment and that the quantity of the composite sample meets the requirements in Table II of this contract provision. See Table I, Minimum Sampling and Testing Requirements, and Table II, Sample Retention; (iii) TESTING. Types of test series and individual test methods/procedures to be performed on samples taken from CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 5 OF 31 PAGES each location identified in (ii) above. See Table I, Minimum Sampling and Testing Requirements, and Table III, Definitions of Test Series; (iv) CALIBRATION. Program for testing and measuring equipment in accordance with ISO 10012, Measurement Manage Systems - Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation, as appropriate; and, a program for meters used to determine quantity complying with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by API, ASTM, or IP publications, the applicable manufacturer's recommended calibration method(s), outlined in the applicable industry publication, shall be used if acceptable to the Government; (v) STORAGE AND HANDLING. Procedures for quality/quantity determination. Includes a description of storage and handling equipment, such as tanks, lines, valves, and manifolds; identification of dedicated/common product systems, including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, and drying; and identification of any other process/system used in maintaining product integrity during storage and handling; (vi) LOADING AND SHIPPING - GENERAL. Procedures for product movement and related quality/quantity checks from shipping tank(s) to custody transfer point (CTP). Description of transfer system from shipping tank to CTP. A dedicated system, including lines, pumps, loading arms, and hoses, is preferred, but an isolated common system incorporating blind flanges, spectacle plates, or double valves between systems is acceptable. An isolated common system using single valves designed to ensure positive isolation, such as twin seal single valves, are also acceptable. Systems with single valve (other than twin seal) isolation require specific procedures be included in the QCP to ensure product integrity prior to the CTP. When single valves (other than twin seal) are present in the system, the Contractor shall provide their quality control procedures, from the first single valve to the CTP, at time of bid to the Contracting Officer for a determination of acceptability. Procedures for conditioning and testing of isolated systems that last carried a product other than that intended for movement under this contract. For in-line blending of non-aviation products, where approved in this contract, requirements must comply with the IN-LINE BLENDING OF NONAVIATION PETROLEUM PRODUCTS contract provision. (vii) LOADING AND SHIPPING - TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. For direct deliveries using Contractor-supplied tank cars and tank trucks in dedicated same grade aviation fuel service, refer to the section of API 1595 entitled “Loading of Road/Rail Cars” for loading and shipping procedures. All other tank car, tank truck, and intermodal container loadings shall be in accordance with the following procedures: Confirm all compartments have been prepared in accordance with Table IV, Conversion Chart for Tank Cars, Tank Trucks, and Intermodal Containers, below. Whenever possible, ensure the same preparation procedures used for compartments are applied to hoses, manifolds, etc. Ensure that conveyances carrying lubricating oil are dry and free from loose rust, scale, and dirt. Provide for investigation of discrepancies in either recorded quality or quantity. When required by the contract, seal conveyance and record seal numbers on the shipping document. Strainers and filters shall be located as near the loading or filling point as practicable and shall be used as outlined below for all deliveries except deliveries into tanker, barge, or pipeline. (A) All aviation fuel shall be passed through strainers of 60 mesh or finer screen; (B) All lubricating oil products, including preservatives, having a kinematic viscosity of 20.0 centistokes or less at 100 degrees Fahrenheit shall be passed through a 100 mesh or finer screen; (C) All lubricating oil products, including preservatives, having a kinematic viscosity greater than 20.0 centistokes at 100 degrees Fahrenheit, but less than 22.0 centistokes at 210 degrees Fahrenheit, shall be passed through a 60 mesh or finer screen; and (D) The Contractor shall furnish and periodically inspect strainers and filters pursuant to this paragraph to determine condition and perform maintenance as necessary, keeping a written record thereof. (viii) LOADING AND SHIPPING - TANKERS AND BARGES. (A) For f.o.b. destination Contractor-supplied tankers/barges. Procedures for the preparation of vessel cargo systems, in accordance with Energy Institute (EI) HM 50, Guidelines for the Cleaning of Tanks and Lines for Marine Tank Vessels Carrying Petroleum and Refined Products, that ensure the vessel is suitable to load the intended product (s).Particular attention should be given to vessels that previously carried a Fatty Acid Methyl Ester (FAME) cargo. As a minimum, f.o.b. destination Contractors must ensure that all cargo systems on the vessel intended for loading product under this contract, to include tanks, lines, manifolds, and pumps, are washed, gas freed, and inspected. In the event a solvent de-greaser is utilized in the tank preparation process, a minimum of two rinses must be performed by the vessel prior to loading Aviation Turbine Fuel. Vessels that will be carrying JP8 will be allowed to load without cleaning based upon the following criteria: the last cargo prior to loading JP-8 is Jet A/A1, and the second and third to last cargoes were clean middle distillate or lighter petroleum products (no black oils, lubricating oils, vegetable oils, palm oils, biodiesel with FAME content greater than or equal to 15 % or other similar products). The vessel will drop all lines and strip dry all cargo tanks of the previously carried Jet A/Jet A1 prior to loading JP-8. These procedures, and others deemed necessary by the Contractor, shall be included to ensure that the product meets the specification requirements at the CTP. B) For f.o.b. origin Government-supplied tankers/barges. Procedures for maintaining a time log of all significant events/delays including vessel notice of readiness, vessel arrival, mooring, vessel deballasting, inerting and conditioning of cargo tanks, inspections, hose connections and disconnections, starts, stops, vessel release, or any other event that affects laytime of the vessel. Procedures for assuring condition of loading line (full of tested product, all air bled, and pressure packed) and gauging shore tanks, both before and after loading. In the event an automated metering system is to be used as the means of shore quantity determination, manual gauges of all storage tanks designated for shipment shall be taken prior to commencement of loading. Procedures for preload discussion between Contractor, vessel, and QAR to include, but not be limited to, prior two cargoes, cleaning procedures, loading plan, loading rates, sampling requirements, and after loading sampling and gauging. [Prior to loading - gauge, sample, and test intransit cargoes designated for load on top. Gauge and sample (1 gallon) any other product on board, except for JPTS, and retain those samples.] All cargo quantities shall be calculated and volume corrected both before and after loading. Procedures for commencement of loading into one tank (up to 3 feet), then switching to at most two other vessel tanks while first-in sampling and testing is being accomplished (Table I). Procedures for the transportation of samples from the vessel to the testing facility. Monitoring the loading (including line blending and additive injection) from source to vessel, investigating irregularities immediately and stopping loading, if necessary. Procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity (mandated if shore to ship variance is in excess of the following: 0.2% (0.002) for cargos not requiring cleaning, gas freeing, or drop/strip; 0.3% (0.003) for cargos requiring drop/strip; or 0.5% (0.005) for cargos requiring cleaning and gas freeing, or figures are suspect) on loaded conveyance. (C) For both f.o.b. origin and destination tankers/barges. Procedures for immediately notifying the QAR when CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 6 OF 31 PAGES irregularities occur or are suspected, and on all occasions when loading is interrupted. Authority to release a Government-furnished vessel rests with the Government QAR after compliance and completion by the Contractor of all required operations, including the preparation of the DD Form 250-1. (ix) RECORDS AND REPORTS. Procedures for completing and distributing required documentation both prior to and after the release of the vessel. Documentation shall include, as a minimum, test reports for all products and additives, additive blending and/or injection records, vessel notice of readiness, customs documents, bills of lading, vessel ullage reports, and the DD Form 250/DD Form 250-1 and continuation sheet(s) (or the Paperless Ordering and Receipt Transaction System [PORTS] or equivalent). Other documentation may be required on an as needed basis, such as vessel port logs, calibration records, and results of quality or quantity discrepancy investigations. These records and reports will include by whom, where, and how they were prepared, as well as retention information. The DD Form 250-1 and DD Form 250-1 continuation sheet(s) will be signed by the Contractor and the vessel representative in the appropriate blocks before presenting them to the QAR for signature. The DD Form 250 and DD Form 250-1 shall identify the type, brand name, and amount of all additive(s). (x) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity, such as handling of off-specification product (waivers, conveyance rejections, etc.). The corrective action procedures shall include notification of the QAR. (4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan. (5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity. (c) The Contractor shall perform all inspections and acceptance tests required by the specifications of the supplies to be furnished under this contract or, shall have such tests performed, in a laboratory acceptable to the Government. For f.o.b. destination Contractor-supplied tankers/barges, the Contractor shall provide the QAR, prior to the first shipment, with the name and location of the laboratory to be used for testing at each discharge point. The Contractor shall also notify the QAR of any subsequent laboratory changes prior to the affected shipments. If any laboratory is determined to be unacceptable to the Government, the Contractor must designate another laboratory that is acceptable, before acceptance testing can take place. Acceptance tests will normally be performed at the acceptance point. However, when such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government prior to acceptance at destination. Regardless of the method of delivery, products furnished under this contract must meet all specification requirements at the CTP. d) Prior to loading, the Contractor shall inspect all shipping conveyances for suitability to load the supplies furnished under this contract, except for Government-furnished tankers and barges Authorization for the Contractor to participate in the inspection of Government-supplied tankers and barges rests with QAR. The QAR has the right to inspect any Government-supplied conveyance prior to loading and, in the event the Contractor and the QAR disagree on the suitability to load such a conveyance, the determination of the QAR shall govern. If the SHIPMENT AND ROUTING contract provision is included in the contract, Government-furnished transportation equipment that is unsatisfactory for loading shall be reported by the Contractor in accordance with the provisions contained in that contract provision. Procedures to determine suitability to load tank trucks and tank cars shall include, but not be limited to, visual inspection of interior compartments to assure cleanliness and dryness. Manifolds and hoses must be drained and be clean and dry for the intended product. If the Contractor intends to witness operations at any point up to, and including, government acceptance, the Contractor is responsible for contacting the facilities to be visited and obtaining the required access. (e) When requested by the U.S. Government, the Contractor shall furnish no more than five (ten in the case of jet fuel) 1-gallon samples of liquid product from any individual batch or lot of the supplies to be furnished under this contract. Such samples shall be furnished without charge to the Government and shall be packed, marked, and shipped by the Contractor, at their expense. (f) The Contractor shall keep all quality and quantity records related to the performance of this contract complete and available to the Government during the performance of this contract and for three years after final payment under this contract. These records shall include, but not be limited to, DD Form 250-series documents, documentation of internal inspections of all conveyances, laboratory certificates for all required testing (including those for the shipping tanks for f.o.b. destination tankers/barges), and documentation of quantity determinations. (g) When a common system is to be used for shipment in accordance with paragraph (a)(3)(vi) above, the Contractor shall provide a list of all products carried by that system during the past year to the Contracting Officer, at the time of offer, for a determination of acceptability. (h) The inspection system and related operations provided or performed pursuant to this provision shall be subject to surveillance by the QAR. (i) The contractor may provide transportation to/from/between contractor facilities and operations to the QAR or DLA Energy representative performing official duties relating to the administration of the contract and the contract price shall include the cost of any such transportation. TABLE I MINIMUM SAMPLING AND TESTING REQUIREMENTS (1) (9) LOCATION 1. Refinery/Terminal Level (Each Shipping Tank) 2. All Modes (Shipping Line) a. Dedicated Line C b. Common LineB 3. C All Modes (except Tank Car/Tank Truck)/ Intermodal Container) WHEN SAMPLED TYPE OF SAMPLE (SERIES OR INDIVIDUAL) Each Batch Prior to A (2) Start of Shipment TYPE OF TEST All Level or Multi- Composite Prior to Loading/Shipping Immediately After Start Spot Spot of Loading/Shipping CONTINUED ON NEXT PAGE CONTINUATION SHEET PAGE 7 OF 31 PAGES REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 (Custody Transfer Point) 4. a. Tanker/Barge or Pipeline (F.O.B. During Loading or Retain Only Origin) (Custody Transfer Point) Pipeline Shipping Representative Line Sample [See Paragraph (b)(3) (ii)] b. Tanker/Barge (F.O.B Destination) During Discharge Retain Only - Discard After (Custody Transfer Point) Shore Tests are On-Specification MINIMUM SAMPLING AND TESTING REQUIREMENTS (1) (9) LOCATION Representative Line Sample [See Paragraph (b)(3) (ii)] WHEN SAMPLED 5. Tanker/Barge/Pipeline Visual (3) plus additive analysis for FSII & SDA, if line injected TYPE OF SAMPLE TYPE OF TEST (SERIES OR INDIVIDUAL) Spot Loading/Shipping Hourly During (Custody Transfer Point) 6. Tanker/Barge C (4) - plus additive analysis for (First-In) injected After loading3 feet or Spot the line displacement FSII & SDA, if line quantity, whichever is greater 7. Tanker/Barge (F.O.B. Origin only) a. Each Compartment be retained in case After Loading All-Level or Multi-Level Sample to Composite composite fails. If composite fails perform Workmanship & Density on each compartment sample For JP5, flash point must also be performed. b. Composite B (except gum for Aviation Composite (6) of Each Multi-Tank Volumetric Turbine Fuel) Product Loaded Diesel/Kerosene) (plus FAME (7)) Tanker/Barge (F.O.B. Destination only) a. Origin (vessel) Composite Volumetric A (plus FAME (7)) (except carbon residue for 8. After loading Multi-Tank Composite (6) of Each Product Loaded b. Destination (vessel) Composite Prior to Discharge Multi-TankVolumetric A Composite (6) of Each Product Loaded c. Destination (vessel) Each For retain in case composite fails. Compartment If composite fails perform (SEE NOTE 5 FOR ADDITIONAL REQUIREMENTS) Prior to discharge All-level or Multi-level composite Workmanship & Density on each compartment sample. For JP5 perform flash point also. 9. Tank Car/Tank Truck/Intermodal C plus additive analysis for FSII & Container (LoadingRack) 10. Tank Cars/Tank Truck/ Workmanship (C - when loading Intermodal Container After change of source tank Spot SDA, if line injected After Loading/Filling All-Level or Low Point Drain/Bottom Line (10) lubes and FSII) 11. Drum After Filling Multi-drum Composite (8) C NOTES FOR TABLE I: (1)AT THE GOVERNMENT'S OPTION, FULL SPECIFICATION TESTING MAY BE REQUIRED AT THE CUSTODY TRANSFER POINT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FURNISH THE GOVERNMENT WITH SATISFACTORY EVIDENCE OF SPECIFICATION COMPLIANCE. (2) PRIOR TO PERFORMING A-LEVEL TESTING, THE HOMOGENEITY OF EACH BATCH SHALL BE DETERMINED. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 8 OF 31 PAGES AT A MINIMUM, UPPER, MIDDLE, AND LOWER SAMPLES SHALL BE TESTED FOR DENSITY/API GRAVITY AND COMPARED TO THE SPECIFICATION REQUIREMENT FOR HOMOGENEITY. IF NO SPECIFICATION REQUIREMENT EXISTS, HOMOGENEITY SHALL BE DEFINED AS WHEN THE TEST RESULTS FOR THE UPPER, MIDDLE, AND LOWER SAMPLES ALL FALL WITHIN THE REPEATABILITY LIMIT(S) OF THE TEST METHOD USED TO DETERMINE DENSITY/API GRAVITY. IN ANY CASE, WHEN DEEMED NECESSARY BY THE GOVERNMENT, TESTS IN ADDITION TO DENSITY/API GRAVITYMAY BE REQUIRED TO CONFIRM BATCH HOMOGENEITY. (3)CONTINUOUS IN-LINE ANALYZERS (I.E., DENSITY AND/OR FLASH POINT) ARE ACCEPTABLE, IN LIEU OF HOURLY EVALUATIONS, IF QUALITY IS ASSURED. WHEN CONTINUOUS IN-LINE ANALYZERS ARE PRESENT IN THE SYSTEM, THE CONTRACTOR SHALL PROVIDE ITS QUALITY CONTROL PROCEDURES AT TIME OF OFFER TO THE CONTRACTING OFFICER FOR DETERMINATION OF ACCEPTABILITY. (4) TESTING FOR PARTICULATE CONTAMINATION SHALL BE REQUIRED BY THE GOVERNMENT IF VISUAL EXAMINATION OF THE SAMPLE FAILS WORKMANSHIP FOR SEDIMENT/SUSPENDED MATTER. (5) FOR FOB DESTINATION SHIPMENTS DESTINED FOR MULTIPLE LOCATIONS IN CLOSE PROXIMITY TO ONE ANOTHER (WITHIN 24 HOURS SAILING TIME BETWEEN LOCATIONS) THE A-TYPE TESTING REQUIRED PRIOR TO DISCHARGE SHALL ONLY BE REQUIRED AT THE INITIAL DISCHARGE POINT, WITH ONLY C-TYPE TESTING REQUIRED PRIOR TO DISCHARGE AT SUBSEQUENT DISCHARGE POINTS. HOWEVER, IF CARGO INTEGIRTY CHANGES BETWEEN DISCHARGE POINTS, SUCH AS THROUGH CARGO TRANSFERS, CONTAMINATION, ETC., THEN A-TYPE TESTING SHALL BE REQUIRED AT THE NEXT DISCHARGE POINT. A COPY OF THE FULL SPECIFICATION TEST REPORT FOR THE VESSEL, AFTER LOADING, SHALL BE PROVIDED TO THE RECEIVING ACTIVITY AT EACH DISCHARGE POINT, PRIOR TO DISCHARGE. (6) COMPRISED OF ALL-LEVEL OR MULTI-LEVEL COMPOSITES FROM EACH COMPARTMENT. (7) CONTRACTORS DELIVERING INTO THE GPSS,CEPS, NIPS, AND DFSP ATHENS (MOH) SHALL PERFORM FAME CONTENT TESTING IN ACCORDANCE WITH TEST METHOD IP 585 ORIP 590, AND REPORT THE RESULTS TO THE DESTINATION CONSIGNEE PRIOR TO VESSEL ARRIVAL. (8) A ONE LITER COMPOSITE SAMPLE OF EACH LOTOF PRODUCT SHALL BE TAKEN FROM A PREDETERMINED NUMBER OF RANDOMLY SELECTED DRUMS. THE TOTAL NUMBER OF DRUMS SAMPLED PER LOT SHALL, AT A MINIMUM, BE THAT CITED IN TABLE III OF API MPMS CHAPTER 8.1 (ASTM D 4057), BUT MAY BE INCREASED AT THE GOVERNMENT'S OPTION. (9) THE SIZE OF ALL THE SAMPLES REQUIRED IN THIS TABLE, EXCEPT FOR THOSE DESIGNATED “RETAIN ONLY”, SHALL BE DETERMINED BY THE CONTRACTOR AND SHALL BE OF SUFFICIENT QUANTITY TO PERFORM ALL THE TESTS REQUIRED BY THIS TABLE. THE SIZE REQUIREMENTS FOR RETAIN SAMPLES CAN BE FOUND IN TABLE II, SAMPLE RETENTION (10) THE LOW POINT DRAIN/ BOTTOM LINE OPTION ONLY APPLIES TOTANK CAR AND TANK TRUCK SHIPMENTS OF FUEL - SHIPMENTS OF LUBRICATING OILS AND ADDITIVES MUST UTILIZE ALL-LEVEL SAMPLING PROCEDURES. IF INITIAL FUEL SAMPLES USING THE LOW POINT DRAIN/BOTTOM LINE OPTION ARE NOT CLEAR AND BRIGHT, ADDITIONAL SAMPLES SHALL BE TAKENUNTIL A CLEAR AND BRIGHT SAMPLE IS OBTAINED. TABLE II SAMPLE RETENTION (1) LOCATION MINIMUM QUANTITY RETENTION PERIOD(1) 1. Bulk Tank Cars/Tank Trucks /Intermodal Container Additives Quality Verification of 2 Liters (2) Until Receipt and Each Lot/Batch Fuels and Lubricating Oils 1 Liter (2) 15 Days Drums Avgas 45 Days - 45 Days for Lubricating Oils 2. 1 Liter - multi-drum composite (3) 3. Shipping Tank(s) 20 Liters- for Aviation Turbine Fuels 45 Days 10 Liters - for all other Fuels, Lubricating Oils, and Additives 4. Tanker/Barge/Pipeline 45 Days (Composite Line at Custody Transfer Point) 20 Liters - for Aviation Turbine Fuels 10 Liters - for all other Fuels 5. Tanker/Barge (Composite) F.O.B. Origin 20 Liters - for Aviation Turbine Fuels 10 Liters - for all other Fuels F.O.B. Destination Until Shore Tests On-Specification 6. 45 Days 20 Liters Tanker/Barge (Each Compartment) F.O.B. Origin F.O.B. Destination Until Shore Tests On-Specification 0.5 Liter 45 days 1 Liter NOTES FOR TABLE II: (1) UNLESS OTHERWISE NOTED, THE RETENTION PERIOD SHALL BE FOR THE STATED NUMBER OF DAYS AFTER THE SAMPLE HAS BEEN TAKEN FROM THE LOCATION INDICATED. CONTINUED ON NEXT PAGE CONTINUATION SHEET PAGE 9 OF 31 PAGES REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 (2) IF THE CONVEYANCE IS COMPARTMENTALIZED, A PROPORTIONAL SAMPLE SHALL BE TAKEN FROM EACH COMPARTMENT SUCH THAT A TOTAL OF ONE LITER IS COLLECTED FROM THE CONVEYANCE. (3) A ONE LITER COMPOSITE SAMPLE OF EACH LOT OF PRODUCT SHALL BE TAKEN FROM A PREDETERMINED NUMBER OF RANDOMLY SELECTED DRUMS IN ACCORDANCE WITH TABLE III OF API MPMS CHAPTER 8.1 (ASTM D 4057). TABLE III DEFINITIONS OF TEST SERIES I.TYPE A:Includes all specification quality conformance tests plus any additional contractual requirements. II.TYPE B & C:As shown in the table below for each product. Properties and test methods will be in accordance with the product specification for each grade identified in the solicitation/contract AVGAS LUBE OIL TURBINE MOGAS DIESEL/ BURNER FSII FUEL TEST PROPERTIES C B B C B C C B KEROSENE C B C B C Workmanship Particulate content * Filtration Time Color Density or API Gravity or Specific Gravity Distillation Corrosion, Copper Strip* Existent Gum Carbon Residue * * Lean or Rich Ratings* Reid Vapor Pressure* Water Reaction * Lead Content Freeze Point * Flash Point * FSII Content * Microseparometer Conductivity * Sediment & Water * Viscosity * Water Content* Water Tolerance * Foam Test** * ** * * * (1) * * ** * * * * * * * * * * * * * * * * * * * * ** *** (2) * * * (2) * * * * * * (3) * * * * *** * * * * * * * * * * * THE PROCEDURE TO BE USED FOR CONDUCTING THESE TESTS WILL BE AS STATED IN THE APPROPRIATE PRODUCT SPECIFICATION AND/OR CONTRACT. NOTES FOR TABLE III: (1) F76 ONLY. (2) GRADES 1, 2, AND 4 (L) ONLY. (3) JP4 ONLY. TABLE IV CONVERSION CHART FOR TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS (1) PRODUCT TO BE LOADED (6) JP-4 JP-5, JP-8 JPTS(7) RP1/RP2 F76 FSII LUBRICATING JET B TS-1 OIL AVGAS JET A/A1 LAST PF-1 PRODUCT CARRIED (2) JP-4, JET-B STEAM Mogas E85, Avgas DRY DRY DRAIN STEAM STEAM EMPTY STEAM DRY EMPTY RP1/RP2 STEAM DRY STEAM STEAM DRY DRY DRY DRY JP-5, JP-8, TS-1 DRAIN DRAIN DRAIN STEAM STEAM JET A/A1, KS1/R/N EMPTY EMPTY (4) EMPTY (4) DRY DRY JPTS DRAIN STEAM JP-10/ DRAIN STEAM EMPTY EMPTY STEAM STEAM DRY STEAM DRY DRAIN DRY DRAIN EMPTY DRAIN EMPTY STEAM DRY DRY STEAM STEAM STEAM DRAIN CONTINUED ON NEXT PAGE CONTINUATION SHEET STEAM STEAM STEAM STEAM DRY DRY DRY DRY JP-10/PF-1 DRAIN STEAM STEAM STEAM DRY DRY FSII DRAIN STEAM STEAM DRY EMPTY (4) DRY STEAM STEAM NO LOAD NO LOAD DRY DRY DRY DRAIN STEAM EMPTY EMPTY DRY EMPTY NO LOAD DRAIN STEAM DRY STEAM NO LOAD DRY NO LOAD NO LOAD DRY EMPTY (3) BIODIESEL STEAM BLENDS < B15 (4) STEAM STEAM DRY (4) DRY (4) BIODIESEL STEAM BLENDS > B15 DRY (4) STEAM STEAM DRY (4) DRY (4) DRY (4) DRY (4) NO LOAD DRAIN STEAM STEAM STEAM STEAM EMPTY DRY (4) NO LOAD DRY NO LOAD DRY (4) NO LOAD NO LOAD NO LOAD NO LOAD STEAM STEAM STEAM STEAM STEAM STEAM DRY (4) (5) DRY (4) (5) DRY (4) FS-4/5/6, FL-5 NO LOAD RF-4/5/6, R5L IFO DRY STEAM DRY DRAIN STEAM EMPTY DRY NAPTHA STEAM DRY DRY STEAM DRAIN LUBRICATING STEAM OILS STEAM DRY DRY STEAM EMPTY STEAM STEAM DRY EMPTY DRY DRY DRY STEAM F-76, MGO DRAIN LS-1/2/S/W, DRY LS-1/2/S/W, HS-1/2, FS-1/2 FL-2/4 PAGE 10 OF 31 PAGES REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 NO LOAD NO LOAD STEAM NO LOAD DRY STEAM DRY STEAM DRY DRY DRYDRY PETROLEUM STEAM STEAM STEAM SOLVENT/PAINT DRY DRY DRY THINNER NOTES FOR TABLE IV: STEAM STEAM DRY STEAM DRY DRY STEAM STEAM DRY DRY (1) WHEN REQUIRED, “DRAIN EMPTY” INCLUDES THE PUMP(S), FILTER(S), METER(S), AND HOSE(S), AS APPLICABLE. (2) IF A PRODUCT IS NOT LISTED IN THIS COLUMN, PERMISSION TO LOAD AND CONVEYANCE PREPARATIONS REQUIRE A WAIVER FROM THE DLA ENERGY CONTRACTING OFFICER. (3) APPLICABLE ONLY WHEN LOADING THE SAME SPECIFICATION LUBRICATING OILS; OTHERWISE, STEAM CLEAN AND DRY. (4) IF PREVIOUS CARGO CONTAINED A DYE MARKER AND PRODUCT TO BE LOADED DOES NOT, ALL VISIBLE TRACES OF COLOR FROM THE DYE MUST BE REMOVED. (5) PRIOR TO LOADING THE AVIATION FUELS LISTED, THE CONVEYANCE MUST CARRY A NON-FAME CARGO AND THEN BE STEAM CLEANED AND DRIED. (6) CONVEYANCES THAT ARE EPOXY COATED OR SARAN LINED SHOULD NOT BE STEAM CLEANED EXCEEDING 58OC (136OF), AND DRYING THOROUGHLY IS RECOMMENDED. - WASHING WITH HOT FRESH WATER, NOT (7) TO BE LOADED ONLY IN ALUMINUM OR STAINLESS STEEL CONVEYANCES, OR CONVEYANCES LINED WITH AN APPROVED EPOXY COATING. ENERGY QAP E12 (JUL 2015)POINT OF ACCEPTANCE (a) For f.o.b. origin contract items, acceptance of the supplies furnished hereunder shall take place at origin. (b) For f.o.b. destination contract items, acceptance of the supplies furnished hereunder shall take place at destination. (c) Acceptance shall take place as stated above, unless specifically stated otherwise in the contract. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 11 OF 31 PAGES ENERGY QAP E21.01 (JUN 2015)POINT OF INSPECTION (a) This Energy QAP applies to the Bulk Fuel, Bulk FSII, Bulk Lube Oil and Posts, Camps, and Stations Programs. (b) When government inspection is deemed necessary, it shall be performed, prior to acceptance, by the office specified in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or the QUALITY REPRESENTATIVEEnergy QAP of this contract, whichever is applicable. (1) For f.o.b. origin contract items, inspection will normally be performed at origin, however, the Government reserves the right to perform an inspection at any point prior to acceptance. (2) For f.o.b.destination contract items, inspection will normally be performed at destination, however, the Government reserves the right to perform an inspection at any point prior to acceptance. (3) For f.o.b. destination contract items for aviation fuels delivered via waterborne transport, pipeline, rail car, tank truck, tank wagon and Bulk Fuel Container (BFC) and non-aviation fuels delivered by waterborne transport, a preliminary inspection for product quality will normally be performed at origin, with final inspection normally being at destination. However, the Government reserves the right to perform an inspection at any point prior to acceptance. (4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, a preliminary inspection forproduct quality will normally be performed at the point of manufacturing or blending, with final inspection normally being at the f.o.b. point. However, the Government reserves the right to perform an inspection at any point prior to acceptance. (c) When the Contractor is informed by the responsible Inspection Office that government inspection is deemed necessary, the Contractor shall ensure that the Inspection Office is provided with sufficient information and advance notification to facilitate such inspection. When government inspection is necessary at a contractor or subcontractor (commercial or government) facility, the Contractor shall notifythe Inspection Office of the necessary requirements to access those facilities and shall help facilitate such access. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection. ENERGY QAPE22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016) The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage andlaboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspectionoffice by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply. (a)AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTALUNITED STATES (CONUS): Alabama110Maine110Oklahoma110 Arizona120Maryland110Oregon120 Arkansas110Massachusetts110Pennsylvania110 California120Michigan110Rhode Island110 Colorado120Minnesota110South Carolina110 Connecticut110Mississippi110South Dakota110 Delaware110Missouri110Tennessee110 District of Columbia110Montana120Texas110 1 Florida110Nebraska110Utah120 Georgia110Nevada120Vermont110 Idaho120New Hampshire110Virginia110 Illinois110New Jersey110Washington120 Indiana110New Mexico120West Virginia110 Iowa110New York110Wisconsin110 Kansas110North Carolina110Wyoming120 2 Kentucky110North Dakota110 Louisiana110Ohio110 EXCEPTIONS: 1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas - West). 2 The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas - East). (b)AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS) (INCLUDING ALASKA AND HAWAII): Afghanistan400Cyprus200Malaysia300Singapore300 Africa200 3Egypt4003Maldives300South America110 Alaska300Europe (Continental)200Malta200South Korea300 Antarctica300Georgia200Mauritius200Sri Lanka300 Armenia200Greenland200Mexico110Syria400 Ascension Island110Hawaiian Islands300Midway Island300Taiwan300 Australia300Hong Kong 300Mongolia300Tajikistan400 Azerbaijan200Iceland200Myanmar300Thailand300 Azores200India300Nepal300Turkey200 Bahrain400Indonesia300New Zealand300Turkmenistan400 Bangladesh300Ireland200North Korea300United Arab Bermuda110Iran400Oman400Emirates400 Bhutan300Iraq400Pacific IslandsUnited Kingdom200 Brunei300Israel200(Central & South)300Uzbekistan400 Cambodia300Japan300Pakistan400Vietnam300 CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 12 OF 31 PAGES Canada110/120 4Jordan400Papua New Guinea300Wake Island300 Canary Island200Kazakhstan400Philippines300Yemen400 Caribbean Islands110Kuwait400Qatar400 Central America110Kyrgyzstan400Russia200 Chagos Archipelago300Laos300Ryukus Islands, Japan300 China300Lebanon400Saudi Arabia400 Comoros200Madagascar200Seychelles Is.200 EXCEPTIONS: 3 Except for Egypt, which is assigned to DLAEnergy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200). 4 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy AmericasEast (Code 110). The rest of Canada falls under DLA Energy Americas West (c) INSPECTION OFFICES AND CODES. 110. 120. DLA Energy Americas East ATTN: Quality Manager 5 Federal Building, Suite 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 750-9514/9561 FAX: (713) 750-0041 DLA Energy Americas West ATTN: Quality Manager 5 3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807 FAX: (310) 241-2836 200. DLA Energy Europe and Africa Military Mailing Address: DLA Energy Petroleum Lab ATTN: Quality Manager 5 CMR 422 APO AE 09067-0422 Phone: 49-631-3406-2285/2286 6 FAX: 49-631-3406-2289 6 Commercial Shipping Address: DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany 300. DLA Energy Pacific ATTN: Quality Manager 5 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287 FAX: (808) 473-4232 400. DLA Energy Middle East ATTN: Quality Manager 5 PSC 851, Box 180 FPO AP 09834-2800 Phone: 973-1785-6493 6 FAX: 973-1785-4650 6 [Location: Bahrain] 5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor. 6 Dial011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates. E35 NONCONFORMING SUPPLIES AND SERVICES (a) DEFINITION: As used in this contract provision: Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract. Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, FederalHolidays excluded). Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 13 OF 31 PAGES (b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance. (c) The following procedures shall be used to request a deviation or waiver. (1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor's authorized negotiator; contract number; contractline item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver. (2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420. (3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision of this contract. (4) If a deviation or waiver is granted andthe nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary. 5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performedas a result of the deviation or waiver being granted. (d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES - FIXEDPRICE, INSPECTION OF SERVICES - FIXED PRICE, or CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to -(1) Consideration commensurate with the extent of nonconforming supplies; and (2) Cost of Government reinspection or retest, if necessary. The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity. (e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmentalenforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract. (f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, butnot limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records. E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT DELIVERY AVIATION FUEL) (DLA ENERGY JUL 2014) (a) The requirements listed in paragraphs (b) and (c) are in addition to the other Wide Area Workflow (WAWF) requirements included in this contract. Whenever access to the WAWF system is limited or not available (i.e., duringan extended loss of internet connectivity), the Contractor shall notify the Contracting Officer and request permission to submit documents manually until the WAWF system is again available for use. Manual documentation shall be completed in accordance with DFARS Appendix F. (b) Test reports shall be entered into the WAWF system by means of the Statement of Quality tab. Instructions for entering test information into the Statement of Quality Tab can be found in the WAWF Vendor Energy Receiving Report (ERR)/Combo Desktop Reference which can be downloaded at https://wawftraining.eb.mil/xhtml/unauth/web/wbt/wawfra/ vendor/VendorIndex.xhtml. (c) Use the guidelines below for the submission of fuel quality testing data and supporting documentation for each ERR/Combo. (1) MARINE SHIPMENTS. Submit a completed ERR/Combo and test reports via the Statement of Quality tab for all products shipped. If more than one shipping tank was used for the lift, a complete laboratory analysis for each shipping tank must be entered in the Statement of Quality tab. Also, clearly indicate the quantity of product shipped from each tank in the block titled “Quantity shipped from this tank”. Upload scanned copies, via the Attachments tab, of quantity determination documents and other shipping documents requested by the Quality Assurance Representative (QAR). (2) PIPELINE SHIPMENTS. Submit a completed ERR/Combo and input the test results via the Statement of Quality tab for the total quantity of product shipped from each shipping tank used to fill the order. If more than one shipping tank was used for the shipment, a complete laboratory analysis for each shipping tank must be entered in the Statement of Quality tab. Also, clearly indicate the quantity of product shipped from each tank in the block titled “Quantity shipped from this tank”. Upload scanned copies, via the Attachments tab, of quantity determination documents and other shipping documents requested by the QAR. (3) TRUCK, RAIL CAR AND INTERMODAL CONTAINER SHIPMENTS. When loading from source tank has finished for each shipment, submit a completed ERR/Combo and input test results via the Statement of Quality tab, for product received from that source tank. If only one shipment is made from a shipping tank, enter that quantity in the “Quantity shipped from this tank” block located on the Statement of Quality tab. If more than one shipment is made from the same shipping tank, the “Quantity shipped from this tank” block can either be left blank or be annotated with the CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 14 OF 31 PAGES quantity shipped during each individual shipment. Upload scanned copies, via the Attachments tab, of quantity determination documents and other shipping documents requested by the QAR. F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY AUG 2005) (a)Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence when the discharge hose is connected to the receiving line at the delivery point and will end when discharge is completed. The Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. (1)Free time for unloading a transport truck or truck and trailer (includes one hour minimum plus any additional time): 2 Hours. (2)Rate for detention beyond free time: $175/Hour. The above will not be considered in the evaluation of offers for award except that a free time of less than one hour may render an offer unacceptable. Notwithstanding the above, the Government is entitled to at least as much free time as is allowed by the common carrier or that the Contractor normally allows its regular commercial customers, whichever is greater. Free time only applies to single-drop deliveries (it is not applicable to multiple-drop tank truck/truck and trailer deliveries or any tank wagon deliveries). (b)Notwithstanding the above, the Government will not pay more in detentionrates than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Detention costs will be the sole responsibility of the activity incurring them and are only allowable on single drop deliveries (c)(they are not allowable on multiple drop tank truck/truck and trailer deliveries or any tank wagon deliveries. Invoices for detention costs will be submitted by the Contractor directly to the activity receiving the product. These provisions are applicable to DLA- owned/capitalized as well as non-DLA-owned/noncapitalized products. (d)UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2) ABOVE, FREE TIME WILL BE CONSIDERED UNLIMITED AND DETENTION COSTS WILL NOT BE CHARGEABLE. F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP 2005) (a)INVOICE QUANTITY. The invoice quantity of supplies furnished under this contract shall be determined as follows: (1)F.O.B. DESTINATION – DELIVERIES BY TANK TRUCK, TRUCK AND TRAILER, OR TANK WAGON. (i)If the narrative requires a tank truck with meter, a truck and trailer with meter, or tank wagon (which isalways equipped with a meter), that meter shall be used to determine invoice quantity at time of delivery. The quantity shall be read directly from the meter; otherwise-(ii)The Government may elect to determine invoice quantity at the receiving activity at thetime of delivery on the basis of -(A)Weight, using calibrated scales; or (B)A calibrated meter on the receiving tank system. (iii)If the Government does not require the method in (a)(1)(i) above and does not elect to use the methods in (a)(1)(ii) above, the Contractor may then elect to provide equipment that enables the Government and the Contractor to determine invoice quantity at destination at the time of delivery by one of the following methods: (A)A calibrated meter on the delivery conveyance. The quantity shall be read directly from the meter; or (B)Gauging the delivery conveyance. Certified capacity tables and a dipstick for the conveyance must be made available at the time of delivery. This method may not be used in areas where environmental restrictions prohibit the opening of dome hatches; or (C)Provide the receiving activity with the net quantity determined at the loading point by a calibrated loading rack meter or calibrated scales. This quantity must be mechanically imprinted on the loading ticket that is generated by the loading rack meter or scales and the entire quantity must be off-loaded at the receiving activity. Immediately after loading, each truck shall be effectively sealed with serially numbered seals to preclude opening any fuel compartment opening (hatch, manifold,sump, etc.). The truck driver is prohibited from applying any seals. All seal numbers used on each truck shall be recorded on the loading document for that truck. If at destination, all seal numbers do not match those on the loading document or all the seals are not intact, the receiving activity is not obligated to accept the quantity from the loading point and may choose to reject the delivery or determine quantity by an alternate method. (iv)VOLUME CORRECTION. To convert gross measured quantities to net quantities of gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius), use Volume Correction Factors and the API gravity (or density at15 degrees Fahrenheit) (see (b)(1) below). Volume correction to a standard temperature of 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for— (A)All product volumes determined by meters on the (receiving) tank system; (B)All product volumesdetermined by weight using a calibrated scale; (C)All product volumes determined by loading rack meter; (D)All product volumes ofresidual fuels measured in tank trucks or truck and trailers. For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396); and gallons.of quantity. (E)All other product volumes measured in tank trucks or truck and trailers that are in excess of 5,000 (v)The Contractor has the right to have a representative present to witness the delivery and measurement (vi)WATER BOTTOMS. (a)Every delivery must be free of all water bottoms prior to discharge; and (b)The Contractor is responsible for their removal and disposal. (2)F.O.B. ORIGIN. – DELIVERIES INTO TANK TRUCK/TRUCK AND TRAILER/TANK WAGON. (i)On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis, the invoice quantity shall be determined (at the Contractor’s option) on the basis of-(A)Certified capacity tables of the conveyance loaded; (B)Calibrated meter; or CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 15 OF 31 PAGES (C)Weight, using calibrated scales. (ii)VOLUME CORRECTION. Invoice quantities for all residual fuels and for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396). (iii)The Government has the right to have a representative present to witness the measurement of quantity. (b) MEASUREMENT STANDARDS. All measurements and calibrations made to determineinvoice 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 surveyor. 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 all fuels and fuel oils, Tables 5B and 6B (or Tables 53B and 54B) shall be used to determine the volume correction factor for conversion to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). (ii)Liters shall be converted to gallons by dividingliters by 3.78541 liters per gallon or multiplying liters by 0.264172 gallons per liter. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer. (iii)If the original measurement is by weight and invoice quantity is required by U.S. gallons, then-(iv) (A)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. Convert kilograms to metric tons by dividing by 1,000. (B)Volume XI of the adjunct to ASTM D 1250, Table 8, shall be used to convert pounds 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. FAR 52.247-34 -- F.O.B. – DESTINATION (NOV 1991) (a)The term“f.o.b. destination,” as used in this clause, means -(1)Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2)Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. Ifthe contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrierwill furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b)The Contractor shall -(1) (i)Pack and mark the shipment to comply with contract specifications; or (ii)In the absence of specifications,prepare the shipment in conformance with carrier requirements; (2)Prepare and distribute commercial bills of lading; (3)Deliverthe shipment in good order and condition to the point of delivery specified in the contract; (4)Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5)Furnish a delivery schedule and designate the mode of delivering carrier; and (6)Pay and bear all charges to the specified point of delivery. F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012) IMPORTANT NOTE on EPA TESTING OF UNDERGROUND TANKS. If the "volumetric" method is used for annual EPA testing of underground tanks, the "topping off" of tanks for this test is outside the scope of DLA Energy requirements contracts. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 16 OF 31 PAGES (a)F.O.B. ORIGIN. On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. transport truck, truck and trailer, or tank wagon— (1)Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the schedule. (2)Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorizedby the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified. (b)F.O.B. DESTINATION. On items calling for delivery f.o.b. destination by means of transport truck, truck and trailer, or tank wagon-(1)The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions: (i)An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or,if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and (ii)Where the Schedule provides for multiple drop deliveries, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon. (2)Unless otherwise specified in the Schedule, all deliveries shall be made on the day specified in the delivery order unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that the Contractor shall have received the order at least 48 hours prior to the day so specified. (3)The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank. (4)When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose. (5)When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility, the Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time. (6)Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited. (7)When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility— (i)The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The (ii)Contractor’s delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation by the installation Commander. (iii)The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time. so as to permit complete off-loading within the prescribed free time. G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected. DFAR252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a)Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. (b)Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c)WAWF access. To access WAWF, the Contractor shall— (1)(1) Have a designated electronic business point of contact in the System for Award Management at https://www. acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self- registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-BasedTraining Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ (e)WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 17 OF 31 PAGES (f)WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (g) (1)Document type. The Contractor shall use the following document type(s). Invoice and Receiving Report (Combo) (2)Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. See CLIN Reference Table in section A below (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWFData to be entered in WAWF Pay Official DoDAACSee CLIN Reference, section A Issue By DoDAACSee CLIN Reference, section A Admin DoDAACSee CLIN Reference, section A Inspect By DoDAACSee CLIN Reference, section A Ship To CodeSee CLIN Reference, section A Ship From CodeSee CLIN Reference, section A Mark For CodeSee CLIN Reference, section A Service Approver (DoDAAC)See CLIN Reference, section A Service Acceptor (DoDAAC)See CLIN Reference, section A Accept at Other DoDAACSee CLIN Reference, section A LPO DoDAACSee CLIN Reference, section A DCAA Auditor DoDAACSee CLIN Reference, section A Other DoDAAC(s)See CLIN Reference, section A (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of eachpayment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. Optional Contractor email address (g)WAWF point of contact. (1)The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. DLA Energy Help Desk, email: bsme.helpdesk@dla.mil Telephone: (800) 446-4950_ (2) For technical WAWF help, contact the WAWF Helpdesk at 866-618-5988. A. The CLIN Reference shall be used when submitting payment requests in WAWF. CLINLocation IDAdmin and Issue By DoDAACDLA funded (invoice DLA via WAWF) with Payment OfficeNSNWAWF Unit of Measure CodeInspection and Acceptance PointInspection and Acceptance DoDAACs 0001W589UJEIAPSPE605SL47019130-01-031-5816UG6FSJ0629 B. When a price/quantity adjustment is identified by the vendor as being necessary they will: •Submit/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# that is a derivation of the original invoice# that was submitted and paid. IE, if original invoice# was 12345, then adjustment invoice# shall be 12345ADJ. •Adjustment invoice should have original price/quantity cited as well as the change or difference inprice/quantity and the net adjustment. •All other proper invoice criteria remain required for adjustment invoices. K-0001- 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. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION) (TAILORED) (DLA ENERGY) (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items thatconform to the requirements CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 18 OF 31 PAGES 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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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 -(1) Within a reasonable time after the defect was discovered orshould have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due tothe defect in the item. (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 payment (e.g., use of the Government widecommercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes inthe terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. 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 reasonable 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, and 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. (1) 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 mustinclude -(i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer(EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) 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— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) 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 allegeddirect or contributory infringement of, or inducement to infringe, any United States 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 purpose 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 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 41 U.S.C. 7109, which is applicable to the period in which CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 19 OF 31 PAGES the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at 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 33.211 if— (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 bythe 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 previouslydemanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand forpayment 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 actualnumber 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 hasbeen 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 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. Unlessthe contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain withthe 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 contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any andall of its suppliers and subcontractors to cease work. Subject to the terms 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 fromthe 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 mayterminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails tocomply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of futureperformance. 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 liableto the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. TheContractor 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this 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 clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 20 OF 31 PAGES date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.   (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. Ifthe EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference intothe contract. (End of Clause) FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2016) (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)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest AfterAward (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 andReinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (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). ___ (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 HUBZoneSet-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 21 OF 31 PAGES ___ (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, itshall 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 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—Subcontracting 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. 657f). _X_ (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)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X_ (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. chapter78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 (42U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E. O.13693). ___ (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 Television (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. ___ (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. 13696). ___ (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). _X_ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter83, 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). ___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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). ___ (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 (May2014) (31 U.S.C. 3332). CONTINUED ON NEXT PAGE CONTINUATION SHEET ___ ___ ___ and ___ REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 22 OF 31 PAGES (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)). (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014)(29 U.S.C.206 and 41 U.S.C. chapter 67). (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (6) 52.222-51, Exemption from Application of the ServiceContract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d)Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1)The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access toand right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2)The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contractshall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1)Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i)52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii)52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii)52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv)52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi)52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 23 OF 31 PAGES (vii)52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793). (viii)52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix)52.222-40, Notificationof Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x)52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) (A)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv)52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi)52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.232-17 – INTEREST (MAY 2014) (a)Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing Data clause or a Cost Accounting Standards clause, 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 41 U.S. C. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph (e) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (c)Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (1)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (2)The Contractor fails to liquidate a debt previouslydemanded 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 (3)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (d)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. (e)Amounts shall be due at the earliest of the following dates: (1)The date fixed under this contract. (2)The date of the first written demand for payment, including any demand for payment resulting from a default termination. (f)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (1)The date on which the designated office receives payment from the Contractor; (2)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 (3)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 24 OF 31 PAGES (g) The interest charge made under this 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. DLAD 52.233-9001 DISPUTES AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (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 partydetermines 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 andwith 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. DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (a) Definitions. As used in this clause— “Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. “Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional orunintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. “Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. “Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. “Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, ortransmits covered defense information. “Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide policies, and is— (1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractorby or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. “Cyber incident” means actions taken throughthe use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/orthe information residing therein. “Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. “Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. “Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impacton the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. “Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. ‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. “Rapidly report” means within 72 hours of discovery of any cyber incident. “Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data— Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 25 OF 31 PAGES Information Technology(IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. (2) For covered contractor information systems that are not part of an IT service or systemoperated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: (i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. (B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be non-applicable or to have an alternative, but equally effective, security measure that may be implemented in its place. (C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approvalshall be provided to the Contracting Officer when requesting its recognition under this contract. (D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. (3) Apply other information systems security measures when theContractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances(e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. (c) Cyber incident reporting requirement. (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall— (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 26 OF 31 PAGES Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD— (1) To entities with missions that may be affected by such information; (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; (3) To Government entities that conduct counterintelligence or law enforcement investigations; (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or (5) To a support services contractor (“recipient”) that is directlysupporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure ofThird-Party Contractor Reported Cyber Incident Information. (j) Use and release of contractor attributional/proprietary informationcreated by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information. (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. (l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. (m) Subcontracts. The Contractor shall— (1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covereddefense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and (2) Require subcontractors to— (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause) CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 27 OF 31 PAGES Quality Technical Provisions TURBINE FUEL, AVIATION,JP8 9130-010315816 PR #: 0084088948 IAW BASIC QAP 52838 ENERGY-QAP-C16.64-1 REVISION NR D DTD 10/12/2018 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E21.01 REVISION NR B DTD 06/26/2015 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E40.01 REVISION NR A DTD 07/08/2014 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E1 REVISION NR A DTD 09/01/2013 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E22 REVISION NR B DTD 04/04/2016 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E35 REVISION NR A DTD 12/01/2011 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02 REVISION NR C DTD 12/01/2016 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E12 REVISION NR A DTD 07/30/2015 PART PIECE NUMBER: Item 0001 Prod JP8 NSN 9130-010315816 Quantity 333,000 UoM Mode UG6 TANK TRUCK W Award Price 10.043970 Total 3,344,642.01 . USD Inspection Point: Destination Acceptance Point: Destination Accept Loc: W589UJEIAP Inspect By: Accept By: W58EVS Period of Performance: 04/01/2020-04/30/2020 Escalator: Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN 9130-010315816 (JP8) TURBINE FUEL, AVIATION Delivery Identification W589UJEIAP - ERBIL INTERNATIONAL AIRPOR State IQ Delivery Address: Erbil International Airport (EIAP) Erbil IQ 99999 Service Code ARMY Delivery DODAAC W58EVS Name CPT COREY CAMPBELL Mode TANK TRUCK No. of Tanks 1 3 1 Ordering Office DODAAC SJ0629 Phone NIPR: 302-776-60 Receipt % Capacity 20000 50000 50000 Max Parcel Min Parcel Type BLADDER(S) BLADDER(S) TANKS FOB Restriction Tank Location ERBIL FUEL FARM ERBIL FUEL FARM COLLAPSIBLE FUEL TANK, ERBIL INTERNATIONAL AIRPORT Delivery Mode Notes: Tank Truck with meter Delivery Hours: 0800 TO 2000 HOURS MONDAY THRU SUNDAY Delivery Notes: POC for this location is: WO1 Ramirez, Jorge A. E-mail: jorge.a.ramirez46.mil@mail.mil Cell: 077.324.50489 ALL delivery truck drivers must possess all documentation required for base access. Documentation must be current and valid. JP8: Location has fuel bladders only for JP8. Location averages 11 deliveries of 27K gallons monthly. Dates are determined monthly according to fuel forecast. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 28 OF 31 PAGES MUR: Location has 1 fuel tank for MUR. Location averages 11 deliveries of 4K gallons monthly. Dates are determined monthly according to fuel forecast. DF2: Location has fuel bladders and tanks for MUR. Location averages 16 deliveries of 27K gallons monthly. Dates are determined monthly according to fuel forecast. Tank Truck w/pump and meter with 2-inch and/or 4-inchcamlock fittings Delivery POC: SFC Smith, Matthew, 302-668-7072, matthew.w.smith140.mil@mail.mil Initial Qty: 8000 USG Delivery Ticket Notes: Yes. Delivery metered tickets required. CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 29 OF 31 PAGES Form TECHNICAL REQUIREMENTS THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. Part 12 Clauses 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS 252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT OFFSETS (JUN 2018) DFARS 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS (a) Definitions. As used in this clause“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). (Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 30 OF 31 PAGES Part 12 Clauses (CONTINUED) by the contracting officer. (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”) (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. (Contracting Officer: Insert applicable email addresses or “Not applicable.”) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. (Contracting Officer: Insert applicable information or “Not applicable.”) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR: DFARS: DLAD: https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx (End of clause) CONTINUED ON NEXT PAGE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: SPE605-20-P-9774 PAGE 31 OF 31 PAGES Part 12 Clauses (CONTINUED) 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (DEC 2019) DFARS Attachments List of Attachments File Name ATTACH_Schedule_20P97 74 Description Schedule_20P9774.