TABLE OF CONTENTS SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS ..................................................................... 3 B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) ...................................................................................................................................... 3 B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)..... 4 SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT ................ 6 C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012) .................................................................. 6 C-0002 C16.69-1 AUTOMOTIVE GASOLINE FUEL SPECIFICATIONS (PC&S) (DLA ENERGY AUG 2014) ..................................................................................................................................................... 6 C-0003 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY AUG 2014) ............................ 7 SECTION D – PACKAGING AND MARKING .......................................................................................... 8 DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) ........................................................................................................................................ 8 SECTION E – INSPECTION AND ACCEPTANCE .................................................................................... 8 FAR 52.246-2 -- INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) ..................................... 8 DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008).............. 10 DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) ..................................... 10 DLAD 52.246-9081 CERTIFICATE OF CONFORMANCE (DLA ENERGY) (NOV 2011) ................... 10 E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) ......... 11 E-0002 E21.01POINT OF INSPECTION (DLA ENERGY APR 2010) ............................................ 16 E-0003 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013) .................................................................................................................................................... 16 E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) ................................... 19 E-0005 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006) .......... 19 E-0006 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) ........ 19 E-0007 E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC 2011) .................................................................................................................................................... 20 E-0008 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) ........................................................................................ 21 SECTION F – DELIVERIES AND PERFORMANCE ............................................................................... 21 FAR 52.211-16 – VARIATION IN QUANTITY (APR 1984).................................................................... 21 FAR 52.247-34 -- F.O.B. – DESTINATION (NOV 1991) .......................................................................... 21 F-0001 F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS (DLA ENERGY JAN 2012) ........................................................... 22 F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) ........................... 23 F-0003 F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP 2005) .................................................................................................................................... 25 F-0004 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) ... 27 F-0005 F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S) (DLA ENERGY AUG 2005) .................................................................... 27 F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005) ................................................................................................................................... 28 F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) .......................... 28 F-0008 F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR 1998) .................................................................................................................................................... 28 SPE600-15-D-9509 DGC INTERNATIONAL F-0009 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) ................... 29 SECTION G - CONTRACT ADMINISTRATION DATA ......................................................................... 29 G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) .................... 29 DFAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) ............ 29 G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) ....................................................................... 32 SECTION I – CONTRACT CLAUSES ....................................................................................................... 33 FAR 52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) ................................................ 33 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION) (TAILORED) (DLA ENERGY) (JUL 2013) ................................................................................................................................. 34 FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2014)........................................................ 37 FAR 52.216-18 – ORDERING (OCT 1995) ................................................................................................ 42 FAR 52.216-21 – REQUIREMENTS (OCT 1995)...................................................................................... 43 FAR 52.229-6 -- TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) ................................. 43 FAR 52.232-17 – INTEREST (OCT 2010).................................................................................................. 45 DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006) ....................................................................................... 45 DFARS 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012-O0005)(JAN 2012) ............................................................................................................................................................. 46 DFARS 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION[2015-O0013])....................................................................................................................... 46 DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)...................................................... 47 DLAD 52.212-9000 CHANGES – MILITARY READINESS (NOV 2011) .............................................. 47 I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009) ....................................................................... 47 I-0002 I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012)..................................................................................................................................................... 48 I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) ............................................................................................................ 49 I-0004 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) ................................................................................................................................... 49 I-0005 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006) .................................................................................................................................................... 49 I-0006 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008) ................................. 49 2 SPE600-15-D-9509 DGC INTERNATIONAL Reference is made to solicitation number SP0600-15-R-0205, Amendments 0001, 0002, 0003, and DGC International’s offer submitted via email on February 9, 2015, as amended or clarified by correspondence dated February 13, 23, 24, 20, 25, March 5, 6, 9, 16(2), 27, April 1, 3 and 7, 2015 and your final proposal revision submitted on March 9, 2015. The preceding documentation is hereby incorporated by reference and made a part of this contract. SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS B-0001 B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012) (a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT contract provision. (b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours. (c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as N/A-year requirements. ITEMS SUPPLIES DELIVERY POINTS AND METHOD OF DELIVERY ONE (1) YEAR ESTIMATED QUANTITY (USG) AWARD PRICE ($/USG) 0001 Diesel Fuel # 2 (DF2) NSN: 9140-00-286-5294 Method of Delivery: Tank Truck-TT with 4 inch male coupler to offload in to blivets Delivery Location: Erbil International Airport (EIAP) in Northern Iraq. Contractor shall have all necessary equipment to facilitate downloading of fuel into 10,000 USG fuel bladder. Storage capacity is using 3 X 300 USG fuel bladder. 96,000 $ 4.095437/USG 0002 Midgrade Unleaded Gasoline (MUM) (95 RON)Octane rating 92-93 required NSN: 9130-01-272-0983 Method of Delivery: Tank Truck-TT with 4 inch male coupler to offload in to blivets Delivery Location: Erbil International Airport (EIAP) in Northern Iraq. Contractor shall have all necessary equipment to facilitate downloading of fuel into 20,000 USG fuel blivet. Storage capacity is using 9 X 500 USG fuel blivets. 120,000 $ 4.317849/USG SPECIAL NOTES: 1. Close coordination with site personnel and DLA Energy Middle East Office is required prior to each delivery. 2. Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV 2013), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. 3 SPE600-15-D-9509 DGC INTERNATIONAL B-0002 B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012) (a) WARRANTIES. The Contractor warrants that-(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and (2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract. (b) DEFINITIONS. As used throughout this contract provision, the term-(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule. (2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased. (3) Date of delivery means-(i) FOR TANKER OR BARGE DELIVERIES. (A) F.O.B. ORIGIN. The date and time vessel commences loading; (B) F.O.B. DESTINATION. The date and time vessel commences discharging; (ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and (iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received. (c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery. (1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure. (2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-[ ] (i) The low price published in _________________________________________________________. (name of publication) [X] (ii) The average of the prices published in ____PLATTS_OILGRAM_____________________________. (name of publication) [ ] (iii) The established price posted by ______________________________________________________ and (name of company) published in _________________________________________________________ (name of publication) (3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received. DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed. (4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof. (i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer. 4 SPE600-15-D-9509 DGC INTERNATIONAL (ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract. (5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice. (d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments. (e) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule. (f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed __375____ percent of the award price, except as provided hereafter: (1) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer. (2) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing. (g) REVISION OF REFERENCE PRICE INDICATOR. In the event— (1) Any applicable reference price is discontinued or its method of derivation is altered substantially; (2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted; (3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or (4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract. (h) CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule. (i) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision. (j) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision. (k) TABLE. 5 SPE600-15-D-9509 DGC INTERNATIONAL I II III IV Item No. (listed items) Name of company/ publication (identify by number from (c)(2) above) If company If publication heading under which reference price is published and name of product 0001 PLATTS DF2 0002 PLATTS MUM V VI VII Method of delivery applicable to the reference price Reference price as of 1 JAN 2015 (exclude all taxes) Maximum payable under this contract (includes any tax included in the award p rice . FOB ARAB GULF MONTHLY CARGO $1.769410 See Paragraph (f) above FOB ARAB GULF MONTHLY CARGO $1.643242 See Paragraph (f) above Location where reference price is applicable NOTE: PLATTS’ product prices will escalate monthly based on the average of high and low assessments contained in the Platt’s publication of each month in which deliveries are made. Therefore, the effective price for the period of the 1st through the 30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month. Saturdays and Sundays shall be considered as Platt’s non-publication days. If assessments are not posted by Platts during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation. SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT C-0001 C1 SPECIFICATIONS (DLA ENERGY JAN 2012) Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS contract provision, the product offered will be assumed to fully meet the applicable specification(s). C-0002 C16.69-1 AUTOMOTIVE GASOLINE FUEL SPECIFICATIONS (PC&S) (DLA ENERGY AUG 2014) 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 existing or future Title V (Clean Air Act) Permits. In the event that a Federal, State, or local environmental requirement is more stringent than a similar requirement in a fuel specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent environmental requirement will be considered to be a nonconforming supply. All supplies furnished under this contract shall fully meet the requirements of the applicable specification(s) as cited below. In the event that compliance with the more stringent requirement causes the contractor to incur additional costs, the contractor may request an equitable adjustment. (a) GASOLINE AUTOMOTIVE (JAPAN ONLY) – Gasoline shall conform Japanese Standard JIS K 2202, Grade 1. (1) CLASSIFICATION NATIONAL STOCK NUMBER 9130-01-272-0983 PRODUCT NOMENCLATURE Gasoline, Motor RON, MINIMUM 96 (2) REID VAPOR PRESSURE (RVP). The contractor is expected to know and comply with the in-country RVP requirements of the area being supplied. (b) GASOLINE, AUTOMOTIVE, UNLEADED, MIDGRADE (EUROPE) – Gasoline shall conform to EN 228. (c) GASOLINE, AUTOMOTIVE, UNLEADED, MIDGRADE(ALL OTHER REGIONS). Product shall conform to ASTM D 4814, as modified below. 6 SPE600-15-D-9509 DGC INTERNATIONAL (1) OCTANE REQUIREMENTS. (i) Unleaded automotive gasoline shall meet the Anti-Knock Index (AKI) requirements shown in the table below. NATIONAL STOCK NUMBER 9130-01-272-0983 PRODUCT NOMENCLATURE Gasoline, Midgrade Unleaded AKI, MINIMUM 89 1. Reductions for altitude and seasonal variations are allowed in accordance with ASTM D 4814. 2. In addition, motor octane number must not be less than 82. (2) OXYGENATE REQUIREMENTS. (i) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery. (ii) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements. NOTE: Gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically. Therefore, Contractors are expected to know the local, State, or Federal RVP requirements of areas being supplied and comply with those requirements. C-0003 C16.18-2 FUEL OIL, DIESEL (OVERSEAS) (DLA ENERGY AUG 2014) Supplies delivered under this contract shall conform to all in-country environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. In the event the in-country environmental requirement is more stringent than the specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. (a) FUEL OIL, DIESEL (DF2). Fuel oil, diesel shall conform to each countries specification as listed below: COUNTRY CANADA COSTA RICA EL SALVADOR GUATEMALA NICARAGUA HONDURAS AUSTRALIA SPECIFICATION CAN/CGSB-3.517-2013 RTCA 75.02.17:06 RTCA 75.02.17:06 RTCA 75.02.17:06 RTCA 75.02.17:06 RTCA 75.02.17:06 Fuel Standard (Automotive Diesel) Determination 2001 NATIONAL STOCK NUMBER 9140-00-286-5294 (1) Specifications for countries not listed in the chart above may be used if they meet or exceed the specification requirements of ASTM D975. In-country specifications not meeting D975, but meet local requirements may also be submitted for approval. (b) FUEL OIL, DIESEL (ALL OTHER OVERSEAS LOCATIONS) (DF2) (1) The diesel fuel oil shall meet the physical and chemical requirements of ASTM D 975. (2) Total particulate contamination level as measured by ASTM D 6217 shall not exceed 10 mg/L. (3) The offeror shall identify low temperature performance parameters for offered diesel fuel. (4) Performance enhancing/identification marking additives: (i) A fuel stabilizer additive/biocide conforming to MIL-S-53021A may be blended into the fuel to improve the suitability of fuels for intermediate (6 to18 months) and long-term (18 to 25 months) periods of storage by preventing fuel deterioration and microbiological growth. Additive concentrations are given in the latest revision of QPL-53021 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/. (ii) A corrosion inhibitor/lubricity improver conforming to MIL-PRF-25017, latest revistion, may be blended into the fuel to inhibit corrosion. Additive concentrations are provided in the latest revision of QPL-25017 found in the Qualified Product Database (QPD) of the Acquisition Streamlining and Standardization Information System (ASSIST) at http://assistdocs.com/. (iii) For some U.S. states, territories, and possessions, the U.S. Internal Revenue Service requires that a red dye, identified as Solvent Red 164 (alkyl derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel fuel as a means of identification. The minimum concentration is provided in 26 CFR Part 48. 7 SPE600-15-D-9509 DGC INTERNATIONAL (5) For Caribbean PC&S purchase program locations only, diesel fuel shall have a minimum flash point of 60°C (140°F). (6) Applicable to high sulfur grade DF2: NATIONAL STOCK NUMBER 9140-00-286-5294 PRODUCT NOMENCLATURE DLA ENERGY PRODUCT CODE Grade No. 2-D S5000 DF2 MAXIMUM SULFUR CONTENT 0.50 wt% (7) A complete copy of the test report for each delivery of product, by marine vessel or pipeline, shall be forwarded to: ATTN: DLA ENERGY-FEQ, ROOM 2943 DEFENSE LOGISTICS AGENCY ENERGY 8725 JOHN J KINGMAN ROAD FORT BELVOIR VA 22060-6222 SECTION D – PACKAGING AND MARKING DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) (a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract. (b) Definition. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD). (c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo. (1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/). (2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved dunnage stamp. (d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government." SECTION E – INSPECTION AND ACCEPTANCE FAR 52.246-2 -- INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) (a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and 8 SPE600-15-D-9509 DGC INTERNATIONAL shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract. (c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. (d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples. (e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test. (2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary. (f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions. (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute. (i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time -(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and (ii) When the supplies will be ready for Government inspection. (2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances. 9 SPE600-15-D-9509 DGC INTERNATIONAL (j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies. (k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby. DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) (a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement. (b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement. DLAD 52.246-9029 INSPECTION AND ACCEPTANCE POINTS (APR 2010) (a) Inspection and acceptance are: Inspection point: [X] Destination [ ] Origin [ ] Elsewhere Acceptance point: [X] Destination [ ] Origin DLAD 52.246-9081 CERTIFICATE OF CONFORMANCE (DLA ENERGY) (NOV 2011) (a) When authorized in writing by the cognizant contract administration office (CAO), the Contractor shall ship with a certificate of conformance any supplies for which the Contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the certificate of conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred. 10 SPE600-15-D-9509 DGC INTERNATIONAL (b) The Contractor's signed certificate shall be attached to or included on the top copy of the material inspection and receiving report (Department of Defense (DD) Form 250) or other authorized document that is distributed to the payment office (Block 12 of the DD Form 250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the CAO copy shall only be sent if specifically requested by the Contracting Officer. (c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense. (d) The certificate shall read as follows: "I certify that on [Date], [Contractor's name] furnished the supplies or services called for by [contract number] via [carrier] on [bill of lading or other shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document." [Date of Execution] [Signature] [Title] E-0001 E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) (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; 11 SPE600-15-D-9509 DGC INTERNATIONAL (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 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 Management 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 12 SPE600-15-D-9509 DGC INTERNATIONAL 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 JP8. 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 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 13 SPE600-15-D-9509 DGC INTERNATIONAL 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 WHEN SAMPLED TYPE OF SAMPLE 1. Refinery/Terminal (Each Shipping Tank) 2. All Modes (Shipping Line) Each Batch Prior to All Level or Multi-Level Start of Shipment Composite Prior to Loading/Shipping Spot a. Dedicated Line b. Common Line 3. All Modes (except Tank Car/Tank Truck)/Intermodal Container) (Custody Transfer Point) 4. a. Tanker/Barge or Pipeline (F.O.B. Origin) (Custody Transfer Point) b. Tanker/Barge (F.O.B Destination) (Custody Transfer Point) 5. Tanker/Barge/Pipeline (Custody Transfer Point) 6. Tanker/Barge (First-In) 7. Tanker/Barge (F.O.B. Origin only) a. Each Compartment TYPE OF TEST (SERIES OR INDIVIDUAL) A (2) C B C Immediately After Start of Loading/Shipping Spot During Loading or Pipeline Shipping Representative Line Sample [See Paragraph (b)(3) (ii)] Retain Only During Discharge Representative Line Sample [See Paragraph (b)(3) (ii)] Retain Only – Discard After Shore Tests are On-Specification Hourly During Loading/Shipping After loading 3 feet or the line displacement quantity, whichever is greater After Loading Spot Visual (3) plus additive analysis for FSII & SDA, if line injected C (4) - plus additive analysis for FSII & SDA, if line injected Spot All-Level or Multi-Level Composite 14 Sample to be retained in case composite fails. If composite fails perform Workmanship & Density SPE600-15-D-9509 DGC INTERNATIONAL on each compartment sample. For JP5, flash point must also be performed. b. Composite Multi-Tank Volumetric Composite (6) of Each Product Loaded B (except gum for Aviation Turbine Fuel) (except carbon residue for Diesel/Kerosene) (plus FAME (7)) 8. Tanker/Barge (F.O.B. Destination only) a. Origin (vessel) Composite After loading Multi-Tank Volumetric Composite (6) of Each Product Loaded A (plus FAME (7)) b. Destination (vessel) Composite Prior to Discharge Multi-Tank Volumetric Composite (6) of Each Product to be Discharged A c. Destination (vessel) Each Compartment Prior to discharge All-level or Multi-level composite For retain in case composite fails. If composite fails perform Workmanship & Density on each compartment sample. For JP5 perform flash point also. After change of source tank. After Loading/Filling Spot C plus additive analysis for FSII & SDA, if line injected Workmanship (C - when loading lubes and FSII) C (SEE NOTE 5 FOR ADDITIONAL REQUIREMENTS) 9. Tank Car/Tank Truck/Intermodal Container (Loading Rack) 10. Tank Cars/Tank Truck/ Intermodal Container 11. Drum After Filling All-Level or Low Point Drain/Bottom Line (10) Multi-drum Composite (8) 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. 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. 15 SPE600-15-D-9509 DGC INTERNATIONAL (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 OR IP 590, AND REPORT THE RESULTS TO THE DESTINATION CONSIGNEE PRIOR TO VESSEL ARRIVAL. (8) A ONE LITER COMPOSITE SAMPLE OF EACH LOT OF 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 TO TANK 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 TAKEN UNTIL A CLEAR AND BRIGHT SAMPLE IS OBTAINED. E-0002 E21.01POINT OF INSPECTION (DLA ENERGY APR 2010) (a) 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 REPRESENTATIVE clause of this contract, whichever is applicable. (1) For f.o.b. origin contract items, inspection will be performed at origin. (2) For f.o.b. destination contract items, inspection will be performed at destination. (3) For f.o.b. destination contract items for bulk aviation fuels delivered via tank truck and tank wagon, a preliminary inspection for quality will be performed at origin. (4) On contract items for delivery of drummed or packaged products, f.o.b. origin or f.o.b. destination, preliminary inspection for product quality will be performed at the point of manufacturing or blending. If the point of blending is different from the point of manufacturing of component stocks, inspection of component stocks may be performed at their point of manufacturing. Inspection for product quality, and for proper filling and packaging, may be performed at the point of filling. Final inspection will be at the f.o.b. point. (b) When Government inspection is to be performed, the Contractor shall ensure that the responsible Inspection Office is provided with sufficient advance notification and information to facilitate such inspection. After initial notification, the Contractor shall keep the Inspection Office informed of any changes that may affect that inspection. E-0003 JUL 2013) E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY 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 and laboratory 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 16 SPE600-15-D-9509 DGC INTERNATIONAL each inspection office 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 CONTINENTAL UNITED STATES (CONUS): Alabama Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana 110 120 110 120 120 110 110 110 110 110 120 110 110 110 110 110 110 Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio 110 110 110 110 110 110 110 120 110 120 110 110 120 110 110 110 110 Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming 110 120 110 110 110 110 110 110 120 110 110 120 110 110 120 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): Afghanistan Africa Alaska Antarctica Armenia Ascension Island Australia Azerbaijan Azores Bahrain Bangladesh Bermuda Bhutan Brunei Cambodia Canada Canary Island Caribbean Islands Central America Chagos Archipelago China Comoros 400 1 200 300 300 200 110 300 200 200 400 300 110 300 300 300 2 110/120 200 110 110 300 300 200 Cyprus Egypt Europe (Continental) Georgia Greenland Hawaiian Islands Hong Kong Iceland India Indonesia Ireland Iran Iraq Israel Japan Jordan Kazakhstan Kuwait Kyrgyzstan Laos Lebanon Madagascar 200 1 400 200 200 200 300 300 200 300 300 200 400 400 200 300 400 400 400 400 300 400 200 Malaysia Maldives Malta Mauritius Mexico Midway Island Mongolia Myanmar Nepal New Zealand North Korea Oman Pacific Islands (Central & South) Pakistan Papua New Guinea Philippines Qatar Russia 200 Ryukus Islands, Japan Saudi Arabia Seychelles Is. 17 300 300 200 200 110 300 300 300 300 300 300 400 300 400 300 300 400 300 400 420 Singapore South America South Korea Sri Lanka Syria Taiwan Tajikistan Thailand Turkey Turkmenistan United Arab Emirates United Kingdom Uzbekistan Vietnam Wake Island Yemen 300 110 300 300 400 300 400 300 200 400 400 200 400 300 300 400 SPE600-15-D-9509 DGC INTERNATIONAL 1 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200). 2 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120). (c) INSPECTION OFFICES AND CODES. 110. DLA Energy Americas East 3 ATTN: Quality Manager Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160 FAX: (713) 718-3891 120. DLA Energy Americas West 3 ATTN: Quality Manager 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 3 ATTN: Quality Manager CMR 422 APO AE 09067-0422 4 Phone: 49-631-3406-2285/2286 4 FAX: 49-631-3406-2289 Commercial Shipping Address: DLA Energy Petroleum Lab ATTN: Quality Manager Bldg. 320, Rhine Ordinance Barracks Am Opelkreisel 67663 Kaiserslautern, Germany 300. DLA Energy Pacific 3 ATTN: Quality Manager 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 3 ATTN: Quality Manager PSC 851, Box 180 FPO AP 09834-2800 4 Phone: 973-17-85-6493 18 SPE600-15-D-9509 DGC INTERNATIONAL FAX: 973-17-85-4650 [Location: Bahrain] 4 3 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor. Dial 011 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. 4 E-0004 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) The Quality Office assigned inspection responsibility under this contract is DLA ENERGY-Q QUALITY/TECH SUPPORT. E-0005 E33.07 MANUFACTURING AND FILLING POINTS (DLA ENERGY MAR 2006) The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows: PRODUCT All line items E-0006 NAME, COMPLETE ADDRESS AND TELEPHONE NUMBER OF MANUFACTURING POINT/FILLING POINT Masif Station Shawes District, Erbil, Iraq & KAR Erbil Refinery Khabat District, Kawrkosek, Iraq E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) (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, Federal Holidays 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. (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; contract line 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. 19 SPE600-15-D-9509 DGC INTERNATIONAL (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 and the 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 performed as 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 – FIXED-PRICE, 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 environmental enforcement 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, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records. E-0007 2011) E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY DEC (a) SOURCE RESTRICTION. (1) If the Contractor delivers any product that is determined to be off-specification, the Contracting Officer (CO) shall thereafter have the right, upon giving written notice, to require the Contractor to designate a single source of supply for each destination set forth in the contract. Upon receiving such notice, the Contractor shall have 10 days to respond, in writing, after which time the source restriction will become effective. (2) In addition to the name of a single source of supply, the Contractor must provide the address of the terminal or loading point to be used in drawing the requirements for each item in the contract. (3) The Contractor may change suppliers only after requesting and receiving the express written approval of the CO. (b) SOURCE INSPECTION. (1) If serious quality problems arise or if a quality problem recurs, for which the Contractor was supposed to have taken corrective action, the CO shall, in addition to source restriction, have the right to change the inspection point from destination to origin (source) by advising the Contractor in writing. Source inspection will become effective 10 days after written notice has been received by the Contractor. (2) At the time the change becomes effective— (i) All appropriate contract provisions relating to origin inspection shall be incorporated into the contract for the item(s) involved; (ii) Source restriction, if not already in force, will be invoked for all items involved, in accordance with (a) above; and (iii) The cognizant DLA Energy field office, upon receiving written notification by the CO, will become the office responsible for inspection at the origin loading or filling point for providing necessary field assistance. 20 SPE600-15-D-9509 DGC INTERNATIONAL (c) Failure to provide the information requested or to take prompt corrective action may result in the item(s) and/or contract being terminated for default. E-0008 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., during an 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 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. SECTION F – DELIVERIES AND PERFORMANCE FAR 52.211-16 – VARIATION IN QUANTITY (APR 1984) (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. (b) The permissible variation shall be limited to: 10 Percent increase [Contracting Officer insert percentage] 10 Percent decrease [Contracting Officer insert percentage] This increase or decrease shall apply to each delivery order.* 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 21 SPE600-15-D-9509 DGC INTERNATIONAL (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. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will 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) Deliver the 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. (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 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. (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. 22 SPE600-15-D-9509 DGC INTERNATIONAL (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 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. (ii) 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. F-0002 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997) (a) The Contractor will prepare the inspection and shipment documents covering deliveries made from the terminal in accordance with instructions contained in the Documentation and Product Property Control Plan. Normally, the document will consist of DD Form 250 for tank car, tank truck, pipeline, and packaged shipments, and DD Form 250-1 and ullage/innage reports in the case of barge and tanker shipments. The Contractor will distribute the DD Forms 250 and the Quality Representative (QR) will distribute the DD Forms 250-1. When the QR is not present for release or shipment of product inspected at these facilities, and the Contractor's quality control program has been approved by the responsible Government Quality Office in accordance with paragraph 246.471 of the DOD FAR Supplement, the Contractor will insert the following certification on the inspector's copy of the shipping documents: "I certify that the above supplies were (a) in the quantity indicated, (b) taken from Government-owned and approved stocks, and (c) loaded into inspected and approved containers. This shipment was released in accordance with paragraph 246.471-2 of the DoD FAR Supplement under authorization of (NAME and TITLE OF THE AUTHORIZED REPRESENTATIVE OF THE CONTRACT ADMINISTRATION OFFICE) in a letter dated (DATE OF AUTHORIZING LETTER). (SIGNATURE AND TITLE OF CONTRACTOR'S DESIGNATED REPRESENTATIVE)." (b) Shipment of products hereunder will be made only pursuant to a "release" furnished by the Product Property Administrator or his designated representative. The "release" will indicate the consignees who are authorized to issue "calls" or "orders" for shipment of product. Such "release" will be periodically furnished to the Contractor by the cognizant Product Property Administrator. (c) Conveyances required for shipments shall be furnished or designated by the Government. The Contractor shall inspect all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver. The tank truck operator/driver may be permitted to physically load the tank truck; however, the loading operation must be under the surveillance and direction of Contractor personnel. Equipment found to be unsatisfactory shall be reported as follows: (1) TANKERS AND BARGES. Report immediately by telephone to the QR; if not present, the master of the tanker or barge or to the carrier's agent or general office; (2) TANK CARS. Report to the QR and by wire (Government Rate, Collect) to Commander, Eastern Area, Military Traffic Management Command, ATTN: MTE-INR-O, Brooklyn, NY 11250. Any shortage or overage of tank cars shall be similarly reported; (3) TRANSPORT TRUCKS. Contractor shall expeditiously report to the Traffic Manager of the appropriate Defense Fuel Region, Government QR, and to the carrier's terminal where equipment is domiciled. (d) Except when loading barges or tankers, or making pipeline deliveries, strainers of 100 mesh or finer shall be utilized in loading aviation fuels and jet lubricating oil and 60 mesh or finer in the case of reciprocating engine oil. Strainers shall be located as near the 23 SPE600-15-D-9509 DGC INTERNATIONAL loading point as practicable. Contractor shall furnish and periodically inspect and clean such strainers and repair same, if necessary, keeping a written record thereof. (e) Contractor shall affix serially numbered seals to the dome covers of tank cars and all openings in the case of tank trucks in such a manner that entry could only be gained by breaking a seal. Such seals will be furnished by the Contractor. Seal numbers will be indicated on shipping documents. (f) Placards, as required by 49 CFR 172.506 and 49 CFR 172.508, shall be furnished and affixed to all tank cars and tank trucks by Contractors unless placards are already affixed. (g) FOR TANK CARS ONLY. (1) If Government-owned or leased tank cars are furnished, the Contractor will maintain records showing each day a car is received or forwarded by car number and will furnish the information to the Defense Fuel Regional Office upon request. (2) Bottom outlet gaskets and manway cover gaskets, when required due to deterioration or loss, shall be furnished and applied to tank cars by the Contractor. (3) The Contractor shall (i) inspect empty Government-owned tank cars located on the Contractor's premises and (ii) ship tank cars located on the Contractor's premises to repair facilities as directed by the Government. (h) Unless otherwise directed, the Contractor shall prepare and distribute Government bills of lading utilized in shipments. Such bills of lading, routing instructions, and transportation assistance will be furnished by the Defense Fuel Region placing orders. (i) The Contractor shall comply with routing instructions furnished by the Government. Such instruction will include names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailer, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall provide sufficient advance notice to carriers and schedule the carrier's equipment for loading. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling. (j) Custody of product shipped by pipeline, and risk of loss thereof, shall pass from the Contractor to the carrier when the product passes the flange connecting the Contractor's pipeline and the carrier's pipeline. (k) Custody of product shipped by transport truck, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded transport truck is released for shipment by the Contractor. (l) Custody of product shipped by tank car, and risk of loss thereof, shall pass from the Contractor to the carrier when the loaded tank car is picked up by the carrier. (m) Custody of product delivered to tanker or barge, and risk f loss thereof, shall pass from the Contractor to the carrier when the fuel passes the vessel’s permanent hose connection. (n) The Contractor shall be held accountable for demurrage charges arising from delay(s) in shipment by tank cars and transport trucks except when those delays are caused by reasons beyond the control and without the fault or negligence of the Contractor and its subcontractors. (o) The following subparagraphs only apply to barges and tankers. (1) SCHEDULED ARRIVAL DATE AND BASIC ALLOWED LAYTIME. (i) Notice shall be furnished to the Contractor in advance of the date on which loading is to be made, which date is hereinafter referred to as the "Scheduled Arrival Date." Each notice will specify the quantity to be loaded, the cargo number, and name of the vessel and the scheduled loading date. For tankers, notice will also include the size of the vessel and the expected time of arrival. Notice of delivery will be furnished at least 72 hours in advance of the scheduled arrival date for tankers, and at least 48 hours in advance of the scheduled arrival date for barges. When anticipated vessel transit time to the loading point is less than 72/48 hours, the Government will provide the maximum notice practicable. Any change in the scheduled arrival date of less than 48 hours notice for barges and 72 hours notice for tankers will require verbal approval of the Contractor, confirmed in writing.. (ii) The Contractor shall provide as soon as possible, but within 3 hours after issue of notice of readiness to load from a barge and within 6 hours after the Contractor receives notice of readiness to load from a tanker, a reachable berth, free of cost to the Government, where the vessel can be safely moored and afloat with necessary access thereto PROVIDED, however -(A) If the vessel is tendered for loading on a date earlier than the last agreed scheduled arrival date, the Government’s vessel shall be loaded as soon as possible in its proper turn with other vessels, and laytime shall not commence until the vessel moors alongside or, for barges, 3:00 A.M. local time; for tankers, 6:00 A.M. local time, on the last agreed scheduled arrival date, whichever occurs first. (B) If the vessel is tendered for loading later than 12:00 noon of the day following the last scheduled arrival date, the vessel shall be loaded in its proper turn with other vessels. Laytime shall commence when the vessel moors alongside, provided a good faith effort is made by the Contractor to moor the vessel in its turn with other vessels as loading berths become available. If the vessel is not moored in its proper turn with other vessels, laytime will commence at 6:00 A.M. on the date the Government vessel’s turn occurred. (iii) Laytime shall commence either (A) at the expiration of the notice period prescribed in subparagraph (ii) above, berth or no berth, or (B) immediately when the vessel moors alongside, with or without notice of readiness, whichever occurs first. 24 SPE600-15-D-9509 DGC INTERNATIONAL (iv) Laytime, once started, shall continue 24 hours per day, 7 days per week, without interruption, from its commencement until loading of the barge or tanker is completed and hoses have been removed. (v) Unless otherwise provided in the Schedule, the Contractor shall be allowed and will complete unloading within laytime determined as follows: (A) FOR BARGES: One hour for each 2,000 barrels of product to be loaded. (B) FOR TANKERS: Thirty-six hours for load of full vessel cargo. When partial vessel cargoes are to be loaded, the 36 hours will be prorated based on quantities loaded by each supplier. The 36 hours includes allowances for routine events that occur in the loading process, such as cushioning and topping off of vessel tanks. (vi) Hoses and loading arms for loading shall be furnished, connected, and disconnected by the Contractor. (2) INCREASES TO BASIC ALLOWED LAYTIME. (i) If, after laytime commences, the conditions or facilities of the barge or tanker to be loaded do not permit loading, basic allowed laytime shall be increased by the duration of the delay. (ii) If the vessel is delayed in reaching its berth and the delay is caused by the fault of the vessel, basic allowed laytime shall be increased by the duration of the delay. (iii) After laytime commences, when vessels are required to dock at anchorage due to vessel delays such as vessel inspection and inerting, laytime credit will be allowed for transit time from anchors away at anchorage until first line ashore berthing, not to exceed 2 hours. (iv) If regulations of the owner or operator of the vessel prohibit loading at any time after laytime has commenced, time so lost shall be added to basic allowed laytime. (v) If, for any reason, the Contractor is delayed in loading the barge or tanker because of actions of a Government representative, acting under the contract, that arise through no fault or negligence on the part of the Contractor or its subcontractors, basic allowed laytime shall be increased by the duration of the delay. (vi) There will be no increase to basic allowed laytime (nor other reductions to any resulting demurrage time) for saved laytime arising out of other loadings/discharges. (vii) Delays, after commencement of laytime, attributed to causes beyond the control and without the fault or negligence of the Contractor or the U.S. Government will result in increasing the basic allowed laytime by one half of the delay time. (3) PAYMENT OF DEMURRAGE. For all hours of laytime which elapse in excess of the basic allowed laytime for loading provided for by paragraph (1) above, or as otherwise provided in the Schedule, the Contractor shall pay demurrage to the Government as follows: (i) USS, USNS, OR TIME CHARTERED VESSELS. At the demurrage rate for the vessel loaded computed to the nearest whole hour as published by the Military Sealift Command and in effect on the date the loading of the vessel is completed. (ii) VOYAGE CHARTERED VESSELS. At the demurrage rate cited in the charter, except that the demurrage payable by the Contractor shall in no event exceed the demurrage expense incurred by the Government under the Charter. F-0003 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 is always 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 the time 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 25 SPE600-15-D-9509 DGC INTERNATIONAL (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 at 15 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 volumes determined by weight using a calibrated scale; (C) All product volumes determined by loading rack meter; (D) All product volumes of residual 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 (E) All other product volumes measured in tank trucks or truck and trailers that are in excess of 5,000 gallons. (v) The Contractor has the right to have a representative present to witness the delivery and measurement of quantity. (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 (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 determine invoice 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 dividing liters 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-(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. 26 SPE600-15-D-9509 DGC INTERNATIONAL F-0004 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) (a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications. (b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for DIBBS. (c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation. (d) Preparation and Transmission of Orders (1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities. (2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date. (i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order. (ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order. (iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different. (iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract. (v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office. (3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order. (4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation. F-0005 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): __________________________1 Hour_____________________. (2) Rate for detention beyond free time: ___________________$750.00_______________________________________. 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). 27 SPE600-15-D-9509 DGC INTERNATIONAL (b) Notwithstanding the above, the Government will not pay more in detention rates 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 (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. (c) 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. F-0006 F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR 2005) (a) In the performance of this contract, the Contractor agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Substitution of a new transportation company is subject to review by the Contracting Officer for use under this contract. (b) If the Contractor changes transporters after award, the Contractor shall provide the Contracting Officer with the following information on alternative or new transportation company(ies) being utilized in the transportation of supplies under this contract. Name, Address, and Phone Number of Transportation Company State(s) in which transporter is authorized to operate SHIMAL COMPANY 9654 60 Meters Street Erbil, Iraq +964-7504460543 F-0007 ERBIL, IRAQ F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002) (a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise: (1) Ordering period begins: DATE OF AWARD and ends: 30 April 2016. (2) Delivery period begins: DATE OF AWARD and ends: 30 days after end of ordering period. (b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s). F-0008 1998) F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR (a) Ordering and Paying Officers under the contract are as indicated below: ITEM NO. ALL ITEMS ORDERING OFFICER PAYING OFFICER DLA ENERGY MIDDLE EAST PSC 451, BOX 180 FPO, AP 09834-3800 LOCATION: JUFFAIR, BAHRAIN COMMERCIAL PHONE: 973-1785-4650 RESPONSIBLE OFFICER (RO)/FUELS MGR DLA ENERGY DCST LNO (b) The Commanding Officer or his designated representative of the cognizant requiring activity is authorized to make any necessary changes to this listing, or make additional assignments for requirements not covered by the foregoing. Such changes or assignments shall be made by written notification to the Contractor, with a copy to the Contracting Officer. 28 SPE600-15-D-9509 DGC INTERNATIONAL (c) If Ordering and Paying Officers cannot be ascertained under (a) or (b) above, the following activities, as applicable, should be contacted: ATTENTION: CONTRACTING OFFICER DLA ENERGY-FEPDA DEFENSE LOGISTICS AGENCY ENERGY 8725 JOHN J. KINGMAN ROAD, SUITE 4950 FORT BELVOIR, VA 22060-6222 F-0009 F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005) (a) The Contractor shall make shipments of the supplies ordered hereunder by the method specified in the Schedule, to the delivery point, in the quantity, and according to the delivery date specified in the order or in the Schedule. (b) On items calling for delivery at Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, transportation equipment will be furnished by the Government; PROVIDED, however, that the Contractor shall, without additional cost to the Government, arrange to obtain any railway boxcars required for shipments to be made hereunder. Whenever any item of the Schedule specifies delivery by more than one method, selection of the method to be used shall be at Government's option. Government-furnished transportation equipment that the Contractor finds unsatisfactory for loading shall be reported as follows: (1) TANKERS AND BARGES. Report to the Quality Representative (QR). (2) TANK CARS. Report to the QR. (3) TRANSPORT TRUCKS, TRUCKS AND TRAILERS, AND TANK WAGONS. Report to the QR and to carrier's general office, or to home base or station of such equipment. (c) If the supplies are to be delivered f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, or tank wagon at Contractor's refinery, terminal, or bulk plant-(1) The Contractor shall ship the supplies under Government bills of lading, which will be furnished, or arranged for, by the Ordering Officer. If requested by the Government, the Contractor shall prepare Government bills of lading. (2) The Contractor shall comply with routing instructions furnished by the Government. Such instructions will include carrier names, routes, route order numbers, and other pertinent information. The Contractor shall be responsible for scheduling of commercial transport trucks, trucks and trailers, and tank wagons to its plant in accordance with such routing instructions and consonant with the applicable order. The Contractor shall reimburse the Government for any demurrage incurred as a result of improper scheduling. (d) On all tank car and boxcar (carload only) shipments, whether delivery is made on an f.o.b. origin or f.o.b. destination basis, the Contractor shall send to the consignee at the time of shipment a facsimile or electronic mail notice which shall indicate grade of product, date of shipment, car and seal numbers, bill of lading number, and net quantities. (e) The Contractor shall furnish serially numbered seals and effectively seal all tank cars, boxcars, transport trucks, trucks and trailers, tankers, and barges, whether delivery is made on an f.o.b. origin or f.o.b. destination basis. The marking on the seal shall be indicated on all shipping documents. SECTION G - CONTRACT ADMINISTRATION DATA 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. DFAR 252.232-7006 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). 29 SPE600-15-D-9509 DGC INTERNATIONAL “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 Central Contractor Registration 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). 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 E 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. Field Name 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) Routing Data Table* Data to be entered in WAWF See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E See CLIN Reference, section E (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate order line item and item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant backup 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. Optional Contractor email address (g) WAWF point of contact. 30 SPE600-15-D-9509 DGC INTERNATIONAL (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. CLIN Location ID Admin and Issue By DoDAAC DLA funded (invoice DLA via WAWF) with Payment Office NSN 0001 W589UJEIAP SPE600 SL4701 9140-002865294 SPE600 SL4701 9130-01-272-0983 0002 B. W589UJEIAP WAWF Unit of Measure Code Inspection and Acceptance Point Inspection and Acceptance DoDAACs UG6 D SJ0629 UG6 D SJ0629 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 in price/quantity and the net adjustment. • All other proper invoice criteria remain required for adjustment invoices. [THIS SECTION IS INTENTIONALLY LEFT BLANK] 31 SPE600-15-D-9509 DGC INTERNATIONAL G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM (DLA ENERGY JAN 2012) (a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN. (b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective. (c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion. COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING) RECIPIENT’S NAME: (DO NOT EXCEED 25 CHARACTERS) ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in) CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in) RECIPIENT’S CAGE CODE: __________________ [ ] CHECKING TYPE 22 [ ] SAVINGS TYPE 32 RECIPIENT’S DUNS NUMBER: ______________________________________ BENEFICIARY’S BANK NAME: (DO NOT EXCEED 29 CHARACTERS) BENEFICIARY’S BANK ADDRESS: (DO NOT EXCEED 25 CHARACTERS) (DO NOT EXCEED 25 CHARACTERS) BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________ BENEFICIARY’S BANK SWIFT NUMBER: (EITHER 8 OR 11 CHARACTERS ONLY) IBAN NUMBER: ______________________________________ BENEFICIARY’S BANK SORT CODE: (FOR BANKS IN THE UNITED KINGDOM ONLY) (6 CHARACTERS ONLY) (d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION. NAME (DO NOT EXCEED 25 CHARACTERS) TITLE (DO NOT EXCEED 25 CHARACTERS) TELEPHONE NUMBER SIGNATURE (DO NOT EXCEED 25 CHARACTERS) _______________________________________________________ (e) Notwithstanding any other provision of the contract, the requirements of this provision shall control. 32 SPE600-15-D-9509 DGC INTERNATIONAL SECTION I – CONTRACT CLAUSES FAR 52.204-7 -- SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. “Registered in the System for Award Management (SAM) database” means that— (1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and (2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. (4) The Government has marked the record “Active”. (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number— (i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. 33 SPE600-15-D-9509 DGC INTERNATIONAL (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at https://www.acquisition.gov. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION) (TAILORED) (DLA ENERGY) (JUL 2013) (a) INSPECTION/ACCEPTANCE. (1) The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or 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 (i) within a reasonable time after the defect was discovered or should have been discovered; and (ii) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (2) Also see the NONCONFORMING SUPPLIES AND SERVICES clause in the Addendum. (b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes a payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract. (c) CHANGES. CHANGES IN THE TERMS AND CONDITIONS OF THIS CONTRACT MAY BE MADE ONLY BY WRITTEN AGREEMENT OF THE PARTIES. (d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference. (f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the 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 it s 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 34 SPE600-15-D-9509 DGC INTERNATIONAL 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) ELECTRONIC INVOICING. Use of electronic invoicing via PORTS is mandatory under the resultant contract. The Contractor shall submit its invoices in accordance with the PAPERLESS ORDERING AND RECEIPTS TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause. (a) Exceptions to the use of electronic invoicing are limited to the following: (i) Instances in which the PORTS Internet application is not available or accessible and the Contractor informs the DLA Energy Contracting Officer of this fact by facsimile message. (ii) Instances in which retroactive price changes and/or unit price errors result in money due the Contractor. (b) If the exception to the use of Electronic Invoicing apply, the Contractor shall submit invoicing in accordance with paragraph (h) below. (h) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-(1) Name and address of the Contractor; (2) Invoice date and number; (3) Contract number, contract line item number, and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price, and extended price of the item delivered; (5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any prompt payment discount offered; (7) Name and address of official to whom payment is to be sent; and (8) Name, title, and phone number of person to be notified in event of defective invoice, and (9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (10) The Contractor shall fax its invoice to DFAS-CVDBBB/CO at the following fax number: (614) 693-2537. For faxed invoices, the Contractor is responsible for verifying transmission/receipt of the fax by telephoning Customer Service (DFAS-CVDBBB/CO) at 1-800-756-4571. Personnel are available to verify receipt of faxed transmissions between 8 a.m. and 5 p.m. EST/EDT, Monday through Friday, excluding Federal holidays. (a) Include the Contractor’s fax number on each document transmitted. (b) After transmitting the original invoice, the Contractor shall mark that invoice "ORIGINAL INVOICE - FAXED" and retain it. The hard copy is not required for payment and shall not be mailed to the payment office unless DFAS-CVDBBB/CO specifically requests it. (10) Electronic funds transfer (EFT) banking information. (i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (i) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United 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. (j) 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. 35 SPE600-15-D-9509 DGC INTERNATIONAL (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item number or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this DLA Energy FAR Tailored clause, and then at the rate applicable for each sixmonth period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this DLA Energy FAR Tailored clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (k) RISK OF LOSS. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (l) RISK OF LOSS AND TITLE (IRAQ). Title and risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until the Contractor completes download of product at the final delivery destination in Iraq. The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents or subcontractors. The Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors. 36 SPE600-15-D-9509 DGC INTERNATIONAL (m) TAXES. See Addendum 2. (n) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms and conditions of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (o) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (p) 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. (q) 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. (r) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (s) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract. (t) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701 et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986, 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistle blower protections; Section 1553 of the American recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under the Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (u) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services; (2) The Assignments; Disputes, Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government Contracts paragraphs of this DLA Energy FAR Tailored clause; (3) The clause at 52.212-5; (4) Addenda to this solicitation or contract, including any license agreements for computer software; (5) Solicitation provisions if this is a solicitation; (6) Other paragraphs of this DLA Energy FAR Tailored clause; (7) Standard Form 1449; (8) Other documents, exhibits, and attachments; and (9) The specification. (v) System for Award Management (SAM). Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 37 SPE600-15-D-9509 DGC INTERNATIONAL ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note). _X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (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. 38 SPE600-15-D-9509 DGC INTERNATIONAL ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) 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 (Nov 2011) (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) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 39 SPE600-15-D-9509 DGC INTERNATIONAL ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-theshelf items.) ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 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). ___ (45) 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. 2303 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). _ __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). 40 SPE600-15-D-9509 DGC INTERNATIONAL ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (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: ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 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 to and 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 contract shall 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) 41 SPE600-15-D-9509 DGC INTERNATIONAL (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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($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 (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 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). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). 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 52.216-18 – ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE OF AWARD through 30 APRIL 2016. 42 SPE600-15-D-9509 DGC INTERNATIONAL (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-21 – REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the duration of requirement expires as shown in contract provision F-0007 F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002). FAR 52.229-6 -- TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) (a) To the extent that this contract provides for furnishing supplies or performing services outside the United States and its outlying areas, this clause applies in lieu of any Federal, State, and local taxes clause of the contract. (b) Definitions. As used in this clause-“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. “Country concerned” means any country, other than the United States and its outlying areas, in which expenditures under this contract are made. “Tax” and “taxes” include fees and charges for doing business that are levied by the government of the country concerned or by its political subdivisions. “All applicable taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date. “After-imposed tax” means any new or increased tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, other than excepted tax, on the transactions or property covered 43 SPE600-15-D-9509 DGC INTERNATIONAL by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. “After-relieved tax” means any amount of tax or duty, other than an excepted tax, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund, as the result of legislative, judicial, or administrative action taking effect after the contract date. “Excepted tax” means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. “Excepted tax” does not include gross income taxes levied on or measured by sales or receipts from sales, property taxes assessed on completed supplies covered by this contract, or any tax assessed on the Contractor’s possession of, interest in, or use of property, title to which is in the U.S. Government. (c) (1) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States, and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States except as provided in subparagraph (c)(2) of this clause. (2) Taxes imposed under 26 U.S.C. 5000C may not be— (i) Included in the contract price; nor (ii) Reimbursed. (d) (1) Except as provided in subparagraph (d)(2) of this clause, the contract price shall be increased by the amount of any after-imposed tax or of any tax or duty specifically excluded from the contract price by a provision of this contract that the Contractor is required to pay or bear, including any interest or penalty, if the Contractor states in writing that the contract price does not include any contingency for such tax and if liability for such tax, interest, or penalty was not incurred through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below. (2) The contract price may not be increased to offset taxes imposed under 26 U.S.C. 5000C. (e) The contract price shall be decreased by the amount of any after-relieved tax, including any interest or penalty. The Government of the United States shall be entitled to interest received by the Contractor incident to a refund of taxes to the extent that such interest was earned after the Contractor was paid by the Government of the United States for such taxes. The Government of the United States shall be entitled to repayment of any penalty refunded to the Contractor to the extent that the penalty was paid by the Government. (f) The contract price shall be decreased by the amount of any tax or duty, other than an excepted tax, that was included in the contract and that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer or to comply with the provisions of paragraph (i) below. (g) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. (h) If the Contractor obtains a reduction in tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that either was included in the contract price or was the basis of an increase in the contract price, the amount of the reduction shall be paid or credited to the Government of the United States as the Contracting Officer directs. (i) The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerned or its political subdivisions or which the governments of the United States and of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States. (j) The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. The contract 44 SPE600-15-D-9509 DGC INTERNATIONAL price shall be equitably adjusted to cover the costs of action taken by the Contractor at the direction of the Contracting Officer, including any interest, penalty, and reasonable attorneys’ fees. FAR 52.232-17 – INTEREST (OCT 2010) (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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in 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 previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (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. (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. DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006) (a) Definition. “United States,” as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall  (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; 45 SPE600-15-D-9509 DGC INTERNATIONAL (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is  (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from DLA ENERGY Logistics Readiness Division at (703) 767-8420. DFARS 252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2012-O0005)(JAN 2012) (a) The Contractor is required to exercise due diligence to ensure that none of the funds received under this contract are provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation. (b) The Head of the Contracting Activity (HCA) has the authority to— (1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the Contractor failed to exercise due diligence as required by paragraph (a) of this clause; or (2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this Contract have been provided, directly or indirectly, to a person or entity who is actively supporting an insurgency or otherwise actively opposing U.S. or coalition forces in a contingency operation. DFARS 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION [2015-O0013]) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not— (1) Subject to extortion or corruption; or (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000. 46 SPE600-15-D-9509 DGC INTERNATIONAL DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. DLAD 52.212-9000 CHANGES – MILITARY READINESS (NOV 2011) The commercial changes clause at Federal Acquisition Regulation (FAR) 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1. However, in the event of a contingency operation or a humanitarian or peace keeping operation, as defined below, the Contracting Officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The Contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification. “Contingency operation” means a military operation that-is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or results in the call or order to, or retention on, active duty of members of the uniformed services under 10 United States Code (U.S.C.) 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during an national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)). “Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d)(2)(B)). I-0001 I1.01 DEFINITIONS (DLA ENERGY JUN 2009) As used throughout this contract, the following terms shall have the meanings set forth below: (a) Quality Assurance Representative (QAR) is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services. (b) Ordering Officer means whichever of the following or their designated representatives is applicable: (1) the Commander, DLA Energy; (2) the Commander, Defense General Supply Center; (3) the Commander, U.S. Army Petroleum Center; (4) the Commanding Officer, U.S. Navy Petroleum Office; (5) the Director of Air Force Aerospace Fuels; (6) the Chief of the Air Force Aerospace Fuels Office; (7) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (8) the Commanding Officer or the Master of the vessel to be bunkered; (9) any Government Contractor furnishing evidence of authority to order under this contract; (10) the head of any Federal Government agency; (11) the pilot, the flight commander, the aircraft commander or the crew chief of the U.S. designated aircraft authorized to place orders against into-plane contracts; (12) the Contracting Officer; (13) the individual in charge of ordering coal at the receiving Government activity; (14) the driver of a Federal vehicle or boat, or the pilot of a Federal aircraft authorized to place orders under a service station contract; (15) the Navy Fleet Commanders; (16) the Defense Attaché . (c) The acronym TK means tanker, B means barge, TC means tank car, T means truck, TT means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline, and MSS means Marine Service Station. The acronyms or terms TT or transport truck and TTR or truck and trailer mean tank truck equipment, whereas the acronym or term T or truck means truck equipment for hauling drummed or packaged supplies. The acronym SW means supplier's works, CFD means Contractor-furnished drum, and GFD means Government-furnished drum. (d) Supplies means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea. An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination. (e) Acceptance means the act of an authorized Representative of the Government by which the Government, for itself, or as an agent of another, assumes ownership of existing identified supplies tendered or approves specific services rendered, as partial or complete performance of the contract. For f.o.b. origin delivery acceptance occurs when the Government QAR signs the Material Inspection and Receiving Report (DD Form 250 series document). For f.o.b. destination delivery, acceptance occurs when the authorized Government Representative signs the DD Form 250 series document or the contractor's shipping document. 47 SPE600-15-D-9509 DGC INTERNATIONAL (f) Calibration means the comparison of a measurement system or device of unverified accuracy to a measurement system or device of known or greater accuracy to detect and correct any deviation from required performance specifications of the unverified measurement system or device. (g) The terms isolated system and segregated system mean a system that has a positive separation from other systems in a tank farm through the means of blind flanges, locked double-block and bleed type valves, etc. (h) Dedicated system means a system that is self contained and for the exclusive use of a particular product. (i) Common system means a system that usually utilizes a manifold or pipeline that handles more than one product exclusively. I-0002 2012) I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN (a) This provision incorporates contract clauses and solicitation provisions by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses: FAR/DFARS: DLAD: http://farsite.hill.af.mil http://www.dla.mil/j-3/j-336 (c) All DLA ENERGY provisions are contained in full text in this document. (d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information. (e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS: FAR 52.203-3 GRATUITIES (APR 1984) DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) DFARS 252.225-7021 TRADE AGREEMENTS (OCT 2013) DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013) Alternate I (MAR 2000) DFARS 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) 48 SPE600-15-D-9509 DGC INTERNATIONAL I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) (a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs. (b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess reprocurement costs and any other remedies or damages resulting from the termination. (c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving-(1) Any single order or any group of orders terminated together; (2) Any item or group of items terminated together; or (3) The entire contract. I-0004 I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB 2009) (a) The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor fails to use reasonable care or fail to comply with the requirements of this contract and damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government. Should the Contractor fail or refuse to make such repairs or replacements, the Government may have the said repairs or replacement accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due under this contract. Informal agreement with the Contractor upon replacement, repairs, or costs to be deducted shall first be attempted by the Installation Commander or Ordering Officer. If disagreement persists, the matter shall be referred to the Contracting Officer. Unless approved by the Contracting Officer, no costs shall be deducted from amounts due or owing without the Contractor's consent. (b) The Contractor shall take all measures as required by law to prevent oil spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any oil (including, but not limited to, gasoline, diesel fuel, fuel oil, or jet fuel), the Contractor shall be responsible for the containment, cleanup, and disposal of the oil spilled. Should the Contractor fail or refuse to take the appropriate containment, cleanup, and disposal actions, the Government may do so itself. The Contractor shall reimburse the Government for all expenses incurred including fines levied by Federal, State, or local governments. I-0005 2006) I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR (a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN). (b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied. Should the description/composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer. I-0006 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008) In the course of the performance of inspection duties and other services, should the Contractor discover any evidence of potential fraud, waste or abuse or possible wrongdoing, the Contractor shall notify the Contracting Officer in writing within three working days with salient facts, including who, what, where, and when the information was discovered. (a) The notice shall identify the persons or parties involved, address, phone number, and a description of the suspected activity. The notice to the Contracting Officer shall also state the name(s), position(s) and contact information of the Contractor representative who discovered the fraud. 49 SPE600-15-D-9509 DGC INTERNATIONAL (b) In the event that Contractor personnel are contacted by any local, national or military investigators or auditors, the Contractor shall obtain the name of the investigator/auditor, the agency or organization to which the investigator/auditor is assigned and contact information (phone number, cell phone number, facsimile number, email address, postal address) and provide the same to the Contracting Officer. (c) The failure of the Contractor to provide any such notices may be considered a material breach of the contract. 50