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24 September 2019 Version 2.0

SCOPE OF For

PROVISION OF DIESEL IN ACCORDANCE WITH EN-590

IN SUPPORT OF NATO E-3A COMPONENT AT GEILENKIRCHEN, GERMANY

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This document contains NSPA proprietary information. Reproduction or disclosure of any part without prior approval by NSPA is not permitted.

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TABLE OF CONTENTS

1. Scope ......

2. Applicable Documents ......

3. Command and Control ......

4. Planning Factors / Constraints ......

5. Description of the Services Required ......

6. Schedules, Milestones and Operating Hours ......

7. Contractor Human Resources Required and Qualifications, Language Skills ......

8. NATO / NSPA Furnished Facilities, Equipment, Tools and Supplies ......

9. Contractor Furnished Facilities and Equipment, Tools and Provisioning of Supplies

10. CIS Requirements ......

11. Security and Safety Requirements ......

12. Environmental Requirements ......

13. Data and Reports ......

14. Quality Assurance and Performance Measurement ......

15. Mobilization / Demobilization ......

16. Templates and Forms ......

17. Summary of Plans, Reports and Delivery Dates ......

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LIST of ANNEXES

Annexes:

Annex A ‐ Requirements/Locations/Volumes.

Annex B ‐ Seasonal product requirements.

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1. Scope

1.1. This scope of work covers fuel provision for NATO E‐3A Component at Geilenkirchen, Germany.

1.2. Services. The Contractor shall provide and sustain specific services as prescribed within this SOW and as required in forthcoming Purchase Orders and Outline Agreements in order to maintain such services to an acceptable standard.

2. Applicable Documents

2.1. The Applicable Documents listed in this SOW, and any Annexes and Appendices to this SOW, contain the various standards, against which the requested services shall be performed. The contents of these standards are applicable to the extent that they are relevant to the services to be provided under this contract.

2.1.1. The most stringent applicable standard shall have precedence.

2.1.2. The Contractor shall follow the most current version of the referenced document at of Request for Proposal release for contract purposes. The Contractor shall make themselves aware of any updates during the contract performance period and address any issues that arise from these changes.

2.2. The Contractor shall establish and maintain, and amend where required, a publications library.

2.2.1. This publications library shall, as a minimum, contain all the technical manuals, instructions, operating manuals, safety guidance, manufacturer safety data sheets, etc. required to operate, maintain, and supply equipment and infrastructure, and safely deliver the services, supporting this Contract.

2.2.2. The Contractor may establish publications and maintain currency through subscription to electronic based systems. However, they shall also make technical guidance available and on location for use during all operations.

2.2.3. The Contractor shall develop a detailed listing of the publications library contents and provide this document to NSPA.

2.2.4. NSPA shall review this library 30 days after start of services to determine establishment and content and periodically thereafter to review currency.

2.2.5. The Contractor shall distribute the contents of this library to support equipment and operations at the place of performance.

2.3. International Organization for Standardization (ISO) documents:

2.3.1. ISO 9000:2005 Quality Management Systems (QMS) ‐ Fundamentals and Vocabulary.

2.3.2. ISO 9001:2008 Quality Management Systems (QMS) Standard ‐ Requirements.

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2.3.3. ISO 9004:2000 Quality Management Systems (QMS) ‐ Guidelines for Performance Improvements.

2.3.4. ISO 14001:2004 Environmental Management Systems ‐ Requirements with Guidance for Use.

2.3.5. ISO 31000:2009 Risk Management.

2.3.6. ISO 10012‐1 Quality Assurance Requirements for Measuring Equipment, Part I.

2.4. Fuel specification. Fuel specification, including traceability and supply chain due diligence, will comply with the following requirements of NATO STANAGS and associated Allied Fuel and Lubricants Publications (AFLP):

2.4.1. NATO STANAG 3149 ‐ Minimum Quality Surveillance for .

2.4.2. NATO STANAG 3756 – Facilities and Equipment for Receipt and delivery of Aviation Kerosene and Diesel Fuels.

2.4.3. AFLP 7102 ‐ Environmental protection handling requirements for handling facilities and equipment

2.4.4. AFLP 7063 ‐ Methods of Detection and Treatment of Fuels contaminated by Micro‐ Organisms

2.4.5. EN590 2013 A1 2017

2.5. Occupational Health and Safety Assessment (OHSAS) 18000 Series:

2.5.1. OHSAS 18001

2.5.2. OHSAS 18002

2.6. European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)

2.7. Base‐specific and National security and other legal regulations pertaining to provision of Fuels services on civil and military airports and Host Nation military installations.

2.8. The Contractor is entirely responsible for providing applicable Business Licenses, security clearances and permissions to operate in the relevant Host Nation as required.

3. Command and Control

3.1. NSPA is performing contract management and is the service integrator on behalf of the NATO E‐3A Component.

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3.1.1. All matters concerning application and administration of the Contract shall be dealt with by the appointed NSPA Contracting Officer (CO) and appointed Technical Officer (TO), who shall have ultimate responsibility for validating contractor performance.

3.1.2. On a case‐by‐case basis, where there exists a potential for conflict of resources, NSPA, in conjunction with the applicable Military Commander or Customer representative, will provide specific direction to the Contractor where work prioritization is required. The Contractor must immediately notify NSPA TOs as conflicts arise to request problem resolution.

3.1.3. The NSPA back office (located at Capellen, Luxembourg) is responsible for all aspects related to the day‐to‐day management of the Contract. The NSPA back office will include Management, Contracting, and Quality Assurance, functional experts and Logistic and Administrative support.

3.2. For the purpose of this SOW and its Annexes and Appendices, the term “Military Commander” shall be either the NATO E‐3A Component Military Commander or his designated representative, unless otherwise specified.

3.3. The Contractor Account Manager (AM) is the individual responsible for ensuring delivery of services as specified in the Contract. The Contractor shall ensure the AM is fully empowered to represent the Contractor in all matters related to site operational activities pursuant to contract implementation. This empowerment shall include sufficient financial authority to commit the company to perform contract requirements. The AM shall actively cooperate with NSPA to facilitate service delivery and resolve issues that arise.

3.4. In the event of contractual disagreement between the Contractor and NSPA, the customer, or even other contractors, NSPA and the Contractor shall document the nature and details of the disagreement. NSPA and the Contractor shall negotiate in good faith, endeavoring to resolve the issue and implement any necessary remedial as soon as possible. Should the matter not be resolved locally, the issue will be referred to the NSPA Senior CO as a Contract Issue requiring resolution. Any NSPA decision, reached after due consideration, shall be binding. This does not affect the Contractor’s ability to seek recourse in accordance with the provision of the Contract.

3.5. On a case‐by‐case basis, if external factors, not of the Contractor’s making, create a potential conflict in resources, affecting the Contractor’s ability to deliver any required service, the Contractor must immediately notify the Customer POC or the appropriate NSPA TO. NSPA will provide specific direction to the Contractor to prioritize activities as necessary.

3.6. All references, within this SOW and associated Annexes, to the Contractor, contractor personnel, contractor employees, staff, etc. refer to all personnel working in support of this contract. This includes personnel hired by the prime contractor, those working as sub‐ contractors and local civilian hires. The prime contractor shall hold full responsibility for all personnel employed in support of this contract at all .

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4. Planning Factors / Constraints

4.1. The authorized customers of fuel services in the service delivery locations shall consist of units of the NATO E3 Component. NSPA shall provide the Contractor with a list of authorized customers, which will be updated by NSPA as required. The Contractor shall maintain this list. The term Customer includes all entities on this list. Initially, the only customer for this requirement is the NATO E‐3A Component.

4.2. The Contractor shall maintain resilience and redundancy of supply chain with at least one supplier being independent of Russian ownership (private or state), and not refining Russian Crude or storing Russian Refined product. The Contractor shall ensure that all bulk fuel supplies are sufficiently resilient to fulfil the stipulated requirements in the event of a situation where fuel could be disrupted or denied by Russian influence or other factors.

4.2.1. NSPA reserves the right to audit the contractor’s supply chain for compliance with this requirement.

4.3. The Contractor shall note that changes in military mission requirements and/or exercise/operational tempo could create variations in required service support levels and locations.

4.4. The Contractor shall be responsible for any waste generated. Should a HAZMAT spill occur during Contractor activities, the Contractor shall take prompt actions to contain the spill and notify the required municipal and national authorities. The Contract shall establish a HAZMAT program and assume responsibility for all HAZMAT issues associated with service provision. The custodian of the fuel shall be responsible for any environmental contamination, which occurs during their ownership of the product.

4.5. The Contractor’s liability extends to and includes the point of delivery. The Contractor shall ensure appropriate provision and competence in the use of HAZMAT kit and absorbent material. While the Military or Civilian Authorities are in charge of their respective camp/asset or inload point, failure to follow instructions from the relevant Authorities or to use prudent and proper care in transferring fuel does not excuse the Contractor of their liability. In no way will NSPA, or the Customer accept responsibility for accidents to the Contractor’s employees, or those of their agents or sub‐contractors.

4.6. The Contractor shall provide all resources and management necessary to fulfil contractual obligations in accordance with specific requirements established in the relevant SOW Annexes and as stipulated in the Contract Terms and Conditions. The Contractor shall provide a management structure with the authority, capacity and capability to monitor and ensure contractual service standards are achieved.

4.7. Definitions

4.7.1. Bulk Fuel Installation (BFI) is defined as any NATO, nationally or contractor owned facility to store fuel. Storage requirements may be met by using established fuel storage tanks, contingency bladder storage systems, , railroad tank cars, ISO ‘tanktainers’, or any other container which meets operational, safety, and Page 8 of 18 NATO UNCLASSIFIED

environmental needs. The use of existing storage facilities shall be maximized with the construction of berms / bunds and / or the use of bladders minimized.

4.7.2. Custodian is defined as the entity owning the product at any given time, i.e. up to the point of sale the Contractor shall be the custodian; after the point of sale, the Customer shall become the custodian.

4.7.3. Petroleum, Oil and Lubricants (POL) means all bulk fuel and associated additives/ products as provided to fulfil the Contract.

4.7.4. Vehicles in the context of this SOW shall mean motor vehicles, articulated vehicles, trailers, tractors and semi‐trailers provided by the Contractor at his own discretion as mandatory to meet the transportation requirements for fuel provisioning to meet the requirements of this contract.

4.7.5. Tech library are all the publications required in Para 2.

5. Description of the Services Required

5.1. The Contractor shall provide on demand support to NATO E‐3A Component (as further defined in Annex A).

5.2. The Contractor shall deliver the services described in this SOW, and any Annexes and Appendices to this SOW.

5.3. The Contractor shall deliver the following services:

5.3.1. Contract Management (AM).

5.3.2. Provision of diesel fuel in support of NATO E‐3A Component in accordance with EN‐ 590 requirements in NAT0 Airbase (E3‐A Component), Lilienthalallee 100, 52511 Geilenkirchen, Germany, in accordance with Annexes A and B.

5.3.3. Diesel bulk fuel transportation:

5.3.3.1. Bulk Fuel Carrying vehicles (BFCV) in accordance with ADR

5.3.3.2. Minimum BFCV storage capacity of 30,000 Litres

5.3.3.3. BFCV ready to deliver within 5 working days after receipt of NSPA Purchase Order.

5.3.3.4. Transportation and delivery shall be coordinated with Customer POC

5.3.3.5. For planning purposes, each delivery will typically be for a minimum of 29,000 liters (average 35,000 liters), however, minimum and maximum quantities are not guaranteed.

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5.4. Specific Requirements for bulk fuel deliveries:

5.4.1. The Contractor shall provide proof of each transaction in a format that NSPA will provide known as a Retail Sale Transaction.

Field Description Alphanumeric identification code that uniquely identifies the site or military Site installation where the fuel movement occurred Unit A unique identification number for the customer’s assigned military unit or Identification commercial organization like 5 RIFLES Number (UIN) Unique identification number/address for the company or organization that will pay Bill To for the fuel Product Diesel Grade Identification that uniquely identifies the vendor that owns the fuel that was issued to Stockholder the customer and performs the refueling. Alphanumeric identification code that uniquely identifies the dispensing point Operator operator (i.e. supporting unit operator) who issued the fuel on behalf of the fuel vendor. Issue The registration number of the equipment that provided the fuel. ID Receiving The registration number of the equipment that received the fuel. Vehicle ID Quantity The of fuel issued as measured by the vendor’s issuing meter Unit of Issue The engineering units for the volume, e.g. liters or gallons The accumulator value of the issuing meter prior to the start of fuel flow. Note: For Meter Start delivery sales, this will be the meter on the delivery vehicle. The final accumulator value of the issuing meter after the stop of fuel flow. Note: For Meter Stop delivery sales, this will be the meter on the delivery vehicle. The identification number name, rank, ID card number of the person who receives the Received By fuel Remarks Free text notes entered by the operator while entering the fuel transaction Ticket Number Ticket number for the transaction to be used for querying or reference

5.4.2. Geographical Scope of Service. The Contractor shall provide bulk fuel supply capability to the NATO E‐3A Component in Geilenkirchen, Germany.

5.4.3. Delivery documentation when received in Base, have to be in accordance with NATO STANAG 3149

5.5. Provision of Service.

5.5.1. In the event that a request for fuel provision cannot be met, partially or in full, or by the due date or time, the Contractor shall notify the Customer and NSPA immediately.

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5.5.3. In the case of the Bulk Fuel Delivery, the point of sale will be at the connection to the receiving vehicle or tank.

5.5.4. In all cases, the fuel shall remain the property of the Contractor until dispensed into the ISO tanktainer, BFI or any other military equipment, i.e. the fuel has passed from the end of the contractor’s issue nozzle into the military vehicle or tank.

5.6. Meters and Fuel Quantity acceptance.

5.6.1. The Customer shall confirm quantity of fuel ordered/received. The meter of record will be the Contractor’s temperature‐compensated meter.

5.6.2. The Contractor shall provide meters that are calibrated and certificates that substantiate they are calibrated IAW ISO standards. The Contractor shall provide temperature‐compensating meters (to 15 degrees Celsius) to enable accurate accounting. The Contractor shall ensure that all volumes are expressed net (i.e. compensated to 15 degrees Celsius).

5.6.3. If neither party has a calibrated meter, both parties must substantiate their claim by providing sufficient documentation to the NSPA TO and CO to make a decision, but burden of proof lies with the Contractor. The final decision lies with NSPA.

5.7. Taxation Requirements.

5.7.1. The Contractor shall be responsible for all Taxation requirements associated with the supply of product under this arrangement. The NATO E‐3A Component has been requested to assist the contractor with obtaining the necessary tax exemptions. NSPA will provide validation of deliveries as required.

6. Schedules, Milestones and Operating Hours

6.1 The Contractor shall ensure services are commensurate with the exercise/operational requirements and may be required to adjust service posture swiftly in response to developing situations. The Contractor shall mitigate the effect of holidays and maintain continued fuel distribution to meet with contract requirements.

6.2 The Contractor shall provide estimated delivery times in T + XX format. T shall indicate the time a response request is received by Contractor, XX is the Contractors projected transport time from storage point to destination.

6.3 The fuel shall be provided during business hours (from 8:00 to 15:00, Monday to Friday)

7. Contractor Human Resources Required, Qualifications, and Language Skills

7.1. The Contractor shall provide qualified and competent personnel in suitable numbers and with the required qualifications in order to perform all the requirements of this SOW.

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7.2. The language of this contract (both written and verbal) is English.

7.3. The Contractor’s staff shall have the necessary language skills to communicate effectively with NSPA and the final customer either in English or German.

8. NSPA / Customer Furnished Facilities, Equipment, Tools and Supplies

8.1. Not Applicable. If necessary, will be coordinated with the Customer.

9. Contractor Furnished Facilities and Equipment, Tools and Provisioning of Supplies

9.1. The Contractor shall supply all Infrastructure, Equipment and Supplies required to perform the service. The Contractor shall provide connections to conform with NATO STANAG 3756. The Contractor shall put in place a preventive maintenance plan to ensure continuity of service.

9.2. The Contractor shall identify critical levels of Mission Essential Equipment and maintenance plan for this equipment that assure no interruption of services are produced due maintenance issues.

10. CIS Requirements

10.1. The Contractor is expected to be self‐sufficient with respect to CIS (Computer Information Systems) and will be able to communicate daily with NSPA as required.

11. Security and Safety Requirements

11.1. The Contractor shall comply with NATO E‐3A Component and Host Nation security directives and guidance.

11.2. The Contractor, their staff, and any persons assigned by them to execute the Contract shall fully comply with the provisions of any instructions that relate to security.

11.3. The Contractor, their staff, and any persons assigned by them to execute the desired services shall not discuss affairs, especially military operations, routines, personnel, vehicle and aircraft strengths and movements, type and number of arms and equipment, etc. during and after termination of any contract. They shall not release any information on casualties.

11.4 The Contractor, their staff, and any persons assigned by them to execute the Contract will only be permitted to enter and / or work within military facilities after having been registered, processed, and approved by the applicable NATO E‐3A Component or Host Nation authority. The Contractor is responsible for maintaining an active registration with Geilenkirchen Airbase. Prior to each delivery the Contractor shall notify the appropriate NATO E‐3A Component point of contact of the date and time of each delivery in order to organize entry requirements. The Contractor must present their credentials to the security officer at the gate security visitor’s center in order to receive the visitor’s base access documents after which the

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Contractor will be escorted to the point of fuel delivery. Upon departure, the Contractor shall return the base access documents to the gate security visitor’s center as per base security instructions.

11.5. The Contractor, their staff, and any persons assigned by them to execute the Contract will abide by all security instructions while on any military facility.

11.6. The Contractor shall immediately inform the NSPA TO or security office of the applicable NATO or Host Nation about all security issues, to include trustworthiness of employees, suspicious incidents or behaviors, criminal and / or police investigations, and any contact or dealings with any security or intelligence services.

11.7. The Contractor shall provide a Safety Management Plan with their Technical Proposal. The Contractor shall include within the Plan the format of their Accident / Incident Report, which the Contractor shall submit to NSPA in the event of any incident.

11.8. The Contractor shall immediately inform NSPA of any accidents / incidents, injury, or suspected injury, occurring in general or to Contractor personnel on station. This includes non‐ work related events as well as work related events. A formal report of the accident / incident shall be provided to NSPA not later than 24 hours of the initial notification.

12. Environmental Requirements

12.1. The Contractor shall carry out all operations in accordance with Host Nation, NATO and European Union law and accepted international guidelines and best practice.

12.2. The Contractor assumes all responsibility for their own actions and those of their agents or sub‐contractors. NSPA will not be held liable for negligent actions. The Contractor, their agents and sub‐contractors shall understand and follow pertinent Host Nation regulations associated with vehicle and flight line refueling in accordance with STANAGs and Host Nation standards.

12.3. In the event of an accident or incident, the Custodian of the fuel shall take reasonable and prudent action to establish control of the accident scene, prevent further damage to persons or property, and preserve evidence until released by the accident investigative authority.

12.4. If the military or civil authority elects to conduct an investigation of the accident or mishap, the Contractor shall fully cooperate and assist military or Host Nation civilian authorities in the conduct of an investigation until the investigation is completed.

12.5. Waste disposal will be the responsibility of the Custodian of the product in the it was generated.

13. Data and Reports

13.1. NSPA may request reporting and data to support management and assist with audits.

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14. Quality Assurance and Performance Measurement

14.1. The Contractor shall establish an internal Quality Management Programme.

14.1.1. The Contractor shall clearly define Quality Management Programme policies, procedures and mode of program execution within a Quality Management Plan (QMP). The QMP shall define levels of responsibility for Contract management, supervision, and surveillance performance by duty and physical location / office of the individuals performing these duties.

14.1.2. The Contractor shall include within the Technical Proposal a draft of the QMP and submit a final plan within 30 days after Contract award. The Contractor shall be required to provide updates and reviews upon the start of Contract services and annually thereafter, or any time a modification or revision is made. The QMP must be submitted to the NSPA Quality Manager (QM) for review and approval.

14.1.3. The QMP shall be site specific to operating location. The QMP shall not reflect generic large‐scale company processes and procedures.

14.1.4. The Contractor shall develop Standard Operating Procedures (SOPs), Policies, Checklists, Inspection / Surveillance schedules, etc. to support all local program elements. The Contractor shall identify document requirements within the mobilization period and coordinate development and review of these documents with the NSPA QM not later than 30 days prior to start of service. The Contractor shall provide copies of these documents to the NSPA TOs for review and approval.

14.1.5. This program shall implement the requirements established in the internationally recognized series of ISO standards listed in Paragraph 2 of this SOW and may be augmented by specific guidance within any SOW Annexes or Appendices.

14.1.6. This program shall include Occupational Health and Safety as defined within OHSAS 18000 series of standards or Health And Safety At Work Act 1974.

14.1.7. This program shall include Environmental Management as defined within ISO 14001 series of standards.

14.1.8. Applicable QMP elements (such as safety) shall be implemented upon Contract Award. All stages of program implementation and execution shall be monitored for health, safety and quality.

14.2. Quality Assurance:

14.3. NSPA will assign Suitable Qualified Individual to perform audits 30 days after contract award, and there after once per year of contract performance.

14.4. As a minimum, the Quality Management Programme will review management of Contractual, health and safety, security, environmental issues, personnel training and certifications/qualifications/CVs, equipment availability and serviceability, plans and procedures, configuration management, supply stocks and Contractor internal audits.

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14.4.1. Audits, Surveillance and Inspection activities shall generate reports. Reports shall provide feedback in the form of comments and findings. The Contractor shall respond to surveillance reports as directed by the NSPA QM.

15. Mobilization / Demobilization

15.1. Not applicable.

16. Templates and Forms

16.1. NSPA will inform the Contractor of the format of possible reports and information which may be required.

17. Summary of Plans, Reports and Delivery Dates

SOW Reference Description First delivery Remarks (and subsequent deliveries)

n/a With Technical Final 30 days after Contract Project Management Plan Proposal award, updated as requested

n/a With Technical Staffing / Manning Plan ( Final 30 days after Contract Proposal and part of Project Management award. Formal review 30 days weekly after Plan) after start of services. Contract start

Main Body Para 2 Publications Library and list of 30 days after Start Updates as required contents of Service

Main Body Para Provide final plan at start of 11.8 Draft with service date. Review and Safety Management Plan Technical Proposal update as required by ISO standards

Main Body Para As an event occurs 11.8 Accident / Incident Report within 12 hours Participate in follow‐up (including environmental with initial and reporting or investigations as accidents) then final 7 days required later

Main Body Para Quality Management Plan Final 30 days after Contract 14.1 (QMP) Draft With award Technical Proposal Update at start of service and then review quarterly

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SOW Reference Description First delivery Remarks (and subsequent deliveries)

Main Body Para QMP SOPs, Policies, Checklist, Reviewed by NSPA All documents shall be available 14.2 Inspection / Surveillance NLT 7 days prior to for NSPA review Schedules, etc. start of services

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ANNEX A

Requirements/Locations/Volumes

Summary table

Requirement Quantity Destinations

Average

Monthly delivery Diesel fuel IAW 30,000 Litres NATO E‐3A Component (Geilenkirchen, Germany) Annex B

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ANNEX B

Seasonal product requirements:

Period 1st Jan – 28th Feb 1 Mar – 15th Nov 16th November – 31st Dec

CFPP ‐20C Grade F Diesel as EN590 Diesel in accordance with EN ‐20C Grade F Diesel as EN590 590

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