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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulations (FAR), as supplemented with additional information included in this notice.

Quotes are being requested and a written solicitation will not be issued. This opportunity is restricted to 100% Set Aside for Small Business Award, under NAICS code 324110 and the size standard is 1,500 employees. The purchase order resulting from this procurement will be a firm fixed-price with economic price adjustment. The solicitation, SPE605-23-Q-0606, is issued as a Request for Quotation (RFQ), under the Simplified Acquisition Procedures (SAP; FAR part 13), with FAR part 12 (Acquisition of Commercial Items). This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 effective date 12/30/2022, and Defense Federal Acquisition Regulation Supplement (DFARS): DFARS Change 10/28/2022, effective date 10/28/2022; DPAS rating for potential award is PO. The clauses and provisions referenced in this solicitation may be reviewed/obtained in full text form at https://www.acquisition.gov. The prompt payment act is applicable.

NOTE: All offers shall be registered in System of Award Management (SAM), Small Business Administration (SBA), under NACIS 324110.

Scope of Contract:

CLIN 0001 Description – The contractor shall provide under line item 0001:

Total Quantity: 55,000 gallons

Delivery Begin Date: 01/09/2023

Initial Required Delivery Date and Quantity: 9 January 2023, for 7,500 gallons

Escalator: ODNASC2ULS-OPIS NORTH AUGUSTA, SC No.2 ULSD (UL)

Base-Ref Date: 01/04/2023

Base-Price: $3.2408

NSN: 9140-015240139 (DS2)

Fuel Type: DIESEL FUEL, ULSD (DS2) (clear on-road)

Delivery Address: WASHINGTON ST BLDG 2594 FT. JACKSON SC 29207

Tank Details -

No. of Tanks: 2

Capacity: 12,000 Gallons

Type: Below Ground Tanks

Tank Location: WASHINGTON ST BLDG 2594

Delivery Details -

Delivery Mode: Tank Truck

Delivery Schedule:

The receiving Activity (the customer) will contact the Contractor when a delivery order is required. After initial delivery is made as stated above under CLIN 0001 description, all subsequent deliveries shall be made on the date, and for the quantity specified by the Activity during the delivery hours stated above. The Contractor shall receive the delivery order request at least 48 hours prior to the day so specified by the Activity.

Delivery Hours: Between 7:00 AM and not later than 11:30 AM

Special Note:

1. Inspection and Acceptance at Destination

2. Ensure driver carries two forms of I.D.

FOB Destination.

Electronic Funds Transfer as a means of payment will be made upon receipt and acceptance of all products through Wide Area WorkFlow (WAWF).

The following provisions and clauses apply to this acquisition:

ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to B19.19 ECONOMIC PRICE ADJUSTMENT - PETROLEUM PRODUCT PRICE, POSTS, CAMPS, AND STATIONS (PC&S) (DLA ENERGY JUNE 2017)

FAR 52-212- 1, Instructions to Offerors Commercial Items; FAR 52.212-2 Evaluation of Commercial Items; the evaluation criteria stated in paragraph (a) of the provision are as follows: Lowest Price Technically Acceptable. The contract award will be offered to the best value offer made to the Government, considering price, technical capability, and past performance. FAR 52.212-3 Offeror Representations and Certifications Commercial Items; FAR 52.212-4, Contract Terms and Conditions Commercial Items and FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive orders – Commercial Items. In paragraph (b) of 52.212-5, the following apply FAR 52.219-6, 28; 52.222-3, 19, 21, 26, 35, 36; 52.222-50; 52.223-18, and 52.232-34. FAR 52.246-2, and the following apply: FAR 52.211-11, DFARS 252.203-7000, 252.225-7021, and 252.232-7003 shall be applicable.

FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEPT 1989) “CONTRACTORS ARE REQUIRED TO ADHERE TO THE DELIVERY QUANTITY PRINTED ON THE ORDER. IF YOU DELIVER A QUANTITY IN EXCESS OF THE ALLOWABLE VARIATION CEILING, (10% VARIANCE).

REFERENCE FAR 52.211-16 VARIATION IN QUANTITY (APR 1984), "THE GOVERNMENT RESERVES THE RIGHT TO RETURN THE EXCESS QUANTITY AT THE CONTRACTORS EXPENSE.”

Responsible offerors shall submit quotes to John Parson, Contract Specialist, at email DLAEnergyFEPCB@dla.mil. Offers are due by Friday, January 6, 2023, 11:00 A.M., Fort Belvoir, VA, time.

Offerors shall include all applicable federal, state and local taxes in the offer price. Taxes, if applicable, included in the offer price shall be broken out when submitting quotes. DLA Energy appreciates your interest in this requirement.

B19.19 ECONOMIC PRICE ADJUSTMENT – PETROLEUM PRODUCT PRICE, POST, CAMP AND STATION (PC&S) (JUNE 2017)

(a)Warranties: The Contractor warrants that—

(1)The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract text; and

(2)The prices to be invoiced hereunder shall be computed daily in accordance with the wording of this contract text.

(b)Definitions: As used throughout this contract text, the term--

(1)Base price means—

(i)The unit price offered for an item and included in the contract award schedule; or

(ii)During any subsequent program year, either the effective contract price as of the start of the subsequent program year, or the price agreed upon as of the start of the subsequent program year. (2) Base reference price means the reference price for an item as published on 1/4/2023. In the event one or more applicable reference prices are not (or were not) published on the date shown, then the term base reference price means the reference price for an item as published on the date nearest in time prior to the date shown. (3) Reference price means that published reference price or combination of published reference prices for price adjustment of individual items by product, market area, and publication as specified in (f) below.

(4)Date of delivery means—

(i)For tanker or barge deliveries.

(A)Free on board (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 all other types of deliveries: The date product is received on a truck-by-truck basis.

(5)Published means issued in either printed or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the price set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail unless otherwise specified in (c) below.

(c)Adjustments: Contract price adjustments shall be provided via notification through contract modifications and/or posting to the web page under the heading Vendor Resources and then Product Price Adjustments to reflect any price change pursuant to this contract text.

(1) Calculations: The prices payable hereunder shall be determined by adjusting the award price by the same number of cents, or fraction thereof, that the daily reference price increases or decreases, per like unit of measure. All arithmetical calculations, including the final adjusted unit price, shall be carried to six decimal places.

Oil price information service (OPIS): For all items employing OPIS, the reference price in effect on the date of delivery shall be the end of day OPIS rack average effective (6:00 p.m. timestamp) that day. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

Other publications: Except for items employing OPIS, the reference price in effect on the date of delivery shall be that item's preselected reference price that is in effect the date of delivery. In the event there is no price published for date of delivery, then it shall be the item’s reference price that was last in effect.

(2) Revision of published reference price: In the event—

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

(ii)The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions—

the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the reference price 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 paragraph (d), Disputes, of the Contract Terms And Conditions - Commercial Items clause of this contract. (3) Failure to deliver: Notwithstanding any other wording of this contract text, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the Contract Terms And Conditions - Commercial Items clause of this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule. (4) Upward ceiling on economic price adjustment: The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment texts shall not exceed 815(%) percent (%) of the of the base price in any applicable program year, except as provided below. If at any time the Contractor has reason to believe that within the near future a price adjustment under the wording of this contract text will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with an appropriate explanation and documentation as required by the Contracting Officer. 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. (d) 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 wording of this contract text. (e) Final invoice: The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract text.

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