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Section 5452.211-9073: Determination of Quantity (DESC)

As prescribed in 11.703-91, insert the following clause:

DETERMINATION OF QUANTITY (DESC) (APR 2010) - DLAD

    (a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

    (1) F.O.B. ORIGIN. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

        (i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of-

          (A) Calibrated meter; or

          (B) Shipping/shore tank measurement.

        (ii) DELIVERIES INTO PIPELINE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of-

          (A) Calibrated meter; or

          (B) Shipping tank measurements.

        (iii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis, the quantity shall be determined (at the Contractor's option) on the basis of-

          (A) Calibrated loading rack meter; or,

          (B) using calibrated scales; or

          (C) Certified capacity table for the rail tank car.

        (iv) DELIVERIES INTO TANK TRUCK, TRUCK AND TRAILER, OR TANK WAGON. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of-

          (A) Calibrated loading rack meter; or

          (B) Weight, using calibrated scales; or

          (C) Certified capacity table for the conveyance or container.

        (v) DELIVERIES INTO INTERMODAL CONTAINER.On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor's option) on the basis of-

          (A) Calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or "fall arrest" system), or

          (B) Certified capacity table for the container, or

          (C) Weight, using calibrated scales.

    (2) F.O.B. DESTINATION.

        (i) DELIVERIES BY TANKER OR BARGE.

          (A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government's option) on the basis of-

            (a) Calibrated meters on the receiving tank system; or

            (b) Receiving tank measurements.

          (B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

        (ii) DELIVERIES BY PIPELINE.

          (A) On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government's option) on the basis of-

            (a) Calibrated meters on the pipeline junction or the receiving tank system; or

            (b) Receiving tank measurements.

          (B) F.O.B. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

          (C) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

        (iii) DELIVERIES BY RAIL TANK CAR.

          (A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government's option) on the basis of-

            (a) Calibrated meter on the receiving tank system; or

            (b) Weight, using calibrated scales at the receiving location; or

            (c) Certified capacity table for the rail tank car; or

            (d) Receiving tank measurements.

          (B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

        (iv) DELIVERIES BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON/INTERMODAL CONTAINER.

          (A) On items requiring delivery on a f.o.b. destination basis by tank truck, truck and trailer, tank wagon or intermodal container, the quantity shall be determined -in the following order of preference:

            (a) Calibrated temperature compensating meters on the receiving system (as identified in the schedule).

            (b) Calibrated temperature compensating meter on the delivery conveyance (as identified in the schedule).

            (c) Weight, using calibrated scales at the receiving location (as identified in the schedule).

            (d) Calibrated meters on the receiving system, requiring manual volume correction (as identified in the schedule).

            (e) Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

            (f) Calibrated meter on the delivery conveyance, requiring manual volume correction.

            (g) Loading ticket, not volume corrected (requiring manual volume correction).

          (B) Invoice quantities for all residual fuels and lubricating oils and invoice quantities 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).

    (b) WATER BOTTOMS.

    (1) Every delivery must be free of all water bottoms prior to discharge; and

    (2) The Contractor is responsible for their removal and disposal.

    (c) MEASUREMENT RESTRICTIONS. All methods of measurement described in this clause are subject to government safety and environmental restrictions, foreign or domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

    (d) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibrations standards. In addition, the following specific standards will be used as applicable:

    (1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

        (i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

        (ii) For lubricating oils, use Tables 5D and 6D, Tables 53D and 54D, or Tables 23D and 24D.

        (iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

        (iv) For chemicals/additives use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

        (v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit. Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

        (vi) As an option to (b) (1) (v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

        (vii) If the original measurement is by weight and quantity is required in U.S. gallons, then-

        (A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

        (B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

    (2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which as a minimum contains-

        (i) Number/name of each meter;

        (ii) Calibration frequency;

        (iii) Date of the last calibration;

        (iv) Due date for next calibration;

        (v) Name and signature of the person performing the calibration;

        (vi) Traceability to master meter/prover used for calibration; and

        (vii) Calibration report number.

        Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

    (3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

       

      TABLE F1.09A CONVERSION FACTOR TABLE

       

      Density @ 15ºC

      Gallons at 60ºF to Liters at 15ºC; Multiply by

      Liters at 15C to Gallons at 60F, Multiply by

      ===============

      ===========================

      =========================

      0.723 - 0.768

      3.78286

      0.26435

      0.769 - 0.779

      3.78309

      0.26433

      0.780 - 0.798

      3.78334

      0.26432

      0.799 - 0.859

      3.78356

      0.26430

      0.860 - 0.964

      3.78381

      0.26428

      0.965 - 1.074

      3.78405

      0.26427

          (e) SHIPPING DOCUMENTATION. When the contractor’s shipping document (such as a truck’s metered ticket) is used to determine, or verify, the payment quantity under this contract, the following information shall be provided on that shipping document: gross and net quantity (gallons or liters, as required), observed and corrected API gravity/density, and the temperature (Fahrenheit or Celsius) at which the product was measured. This information shall be mechanically imprinted on the shipping document. Although this will apply primarily to the use of meters in various applications, it also applies to any other quantity determination method. The following exceptions apply:

          (1) Where government documents are the sole basis for payment, such as DD Form 250/250-1s, the information is not required.

          (2) Where conveyances with temperature-compensating meters are used, the shipping document shall only be annotated with the corrected API gravity/density, the net quantity, and a statement that a temperature-compensating meter was used to determine net quantity.

          (3) Where conveyances with temperature compensating meters are not used, the shipping document shall be only be annotated with the API gravity (or density), gross quantity, and a statement that volume correction was not required.

          (f) RIGHT TO REPRESENTATIVE. For FOB origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For FOB destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

        (End of clause)




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