1.2 (IRAQ) Offer Submission Package.pdf

OFFER SUBMISSION PACKAGE (OSP)

INTO-PLANE / PURCHASE PROGRAM

1.2 CENTCOM (OVERSEAS) -IRAQ

SOLICITATION SPE607-24-R-0202

PERIOD OF PERFORMANCE: 1 JAN 2025 THROUGH 31 DEC 2028

CLOSING DATE AND TIME: September 5, 2024 @ 1:00 PM FORT BELVOIR, VA- EASTERN STANDARD TIME (EST). Late Offers: Any offers received after September 5, 2024@ 1:00 PM will be considered “LATE” and may be excluded from the competition. Submit your offers well ahead of the closing date and time.

OSP CHECKLIST

1) STANDARD FORM 1449: Signature and date in ink or digitally in Blocks 30a, b and c. include your company name, address, telephone, and fax, “DUNS” and “CAGE code” number in Block 17a.

2) OFFEROR PRICE BREAKDOWN SHEET: For each item number/ICAO code. Sign and date in ink or digital signature.

3) CERTIFICATE OF ANALYSIS OR CERTIFICATE OF QUALITY: Offerors shall submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) from a supplier verifying that the fuel meets Government’s specifications for fuel type in Solicitation (C16.64-4 for JP8), per Factor 1: Technical Acceptability of FAR 52.212-2(a).

4) COMMITMENT LETTER (Reference template letter attached to solicitation)

5) SAM ACCOUNT: Completed or updated by Solicitation closing date: sam.gov/

By submitting your OSP, you agree to the terms and conditions of the entire Solicitation, and any Amendments, unless clearly stated herein.

http://beta.sam.gov/

INSTRUCTIONS TO OFFERORS

(PLEASE READ THE FOLLOWING CAREFULLY)

1. Only one CAGE code may be listed on an OSP. Offerors with more than one CAGE code MUST complete a separate OSP and Offer Price Breakdown Sheet for each company’s CAGE Code for every location that is offered on. DLA Energy will not accept an OSP with multiple CAGE Codes.

2. Special NOTES: Conditions that must be met under CLIN 0001, Baghdad Diplomatic Support Center (BDSC) that a DLA-contracted fuel vendor must accept and meet:

a) Contractor shall provide on-site storage infrastructure, equipment, staffing, and is responsible for all management and maintenance of storage facilities located at BDSC. Contractor must supply and store contractor-owned fuel onsite at BDSC. Fuel does not become USG property until the time of acceptance under the terms of the contract.

b) The requirement is to maintain a maximum of 360,000 gallons and a minimum of 180,000 gallons of usable fuel at all times. BDSC will provide designated space for contractor to set up its storage operations.

c) Contractor shall provide refueling services on BDSC 24/7.

d) Contractor must source fuel supplied under the contract from Iraqi refineries via allocations through the Oil Products Distribution Company (OPDC). Contractor must submit its fuel allocation requests to the - U.S.

Embassy (Baghdad) Logistics Management Center (LMC) 1-2 months before the required delivery date. The LMC will submit the allocation requests to the Iraq Ministry of Oil and OPDC.

e) Contractor must obtain the required road transportation approvals from the Prime Ministers National Operations Center (PMNOC) and from the Ministry of Oil, Oil Police, to deliver fuel to its storage facilities located on BDSC.

f) It is the responsibility of the contractor to ensure it is in full compliance with Government of Iraq (GOI) laws and regulations, including but not limited to tax laws and regulations. A valid tax certificate is a required document for obtaining PMNOC and Oil Police movement authority.

g) Contractor shall obtain and maintain proper BDSC badges for access to all required locations in BDSC.

h) Contractor must be in compliance IAW JIG 1-2 Standards.

i) Contractor shall maintain adequate staffing with active Moderate Risk Public Trust (MRPT) and security clearances for access to BDSC installations upon any contract award.

j) Contractor shall provide daily fuel inventory status updates to DLA Energy and the Department of State.

This should include amount of fuel downloaded into storage facility, amount dispensed into aircraft/truck, and total amount on hand.

k) Contract shall conduct Rapid Refueling services in accordance with the E1.09 Rapid Refueling.

3. Definitions:

i. Into-truck: Delivery of the fuel product into U.S. Government-owned or leased refueling units located at the delivery address identified in the Schedule of Supplies. This definition of into-truck supersedes any conflicting definition in the solicitation.

ii. Rapid Refueling: Delivery of the fuel product f.o.b. to the aircraft with one or more of the aircraft’s engines(s) operating during delivery.

4. Pursuant to FAR 52.212-1(g), the Government has reserved the right to make award without discussions. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. All Offer Submission Packages must be factual, accurate, and complete. Failure to provide all information and documents required under the solicitation may render a proposal technically unacceptable and preclude further.

NOTE:

i. X Standard Form 1449 (SF1449) - Sign and date in ink or digitally in Blocks 30a, b and c. Include your company name, address, telephone, and fax, DUNS and CAGE numbers in Block 17a.

ii. X Offer Price Breakdown Sheet must be expressed in U.S. Dollars per gallon and to the 6th decimal.

(Example: $0.000000) place for the Product being solicited. (Jet Petroleum 8 )

SPE607-24-R-0202

5. Offerors MUST update and complete registration in the System for Award Management (SAM) database by the solicitation closing date. The Website to obtain details and instructions is: https://sam.gov/SAM.

6. Offerors MUST fully register in JCCS and provide the CAGE Code and JCCS number for the prime contractor (i.e. the Offeror). The Offeror’s JCCS account information SHALL be current, accurate and complete by the date that offers are due.

7. All prime contractors are required to register in the Joint Contingency Contracting System (JCCS), and are required to maintain current, accurate, and complete registration for the life of the contract. A complete vendor submission (for both the prime contractor and all subcontractors) in JCCS includes, but may not be limited to, the following:

Host Nation Business License Host Nation Specialty License (if applicable) Article of Association or Letters of Incorporation for the Company Tax Identification Certificate/Tax Clearance Letter Financial Documents:

P&L Balance Sheet Bank Statement Rental Agreement (if applicable) Current and valid photo identification of all owners, directors, and key personnel (referred to as KMP in the questionnaire). Complete the Company Questionnaire (in JCCS) for CENTCOM Eligibility Provide DUNS number or CAGE/NCAGE Code

The vendor is prompted to provide all these documents when completing the JCCS profile and questionnaires.

Vendor guides are available on the JCCS website (www.jccs.gov). Offerors must be approved in JCCS by date of award.

8. 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 (FEB

2024), 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.

9. Evaluation Criteria: Proposals will be evaluated pursuant to FAR 52.212-2 – Evaluation – Commercial Items. Proposals will be evaluated based on a lowest price technically acceptable (LPTA) source selection process. The Contracting Officer will evaluate proposals in accordance with the FAR 15.101-2 Lowest Price Technically Acceptable source selection process. DLA Energy will make award(s) to the technically acceptable proposal with the lowest evaluated price for the requirements as solicited for the particular airport. In order to be considered for award, an Offeror must meet or exceed technical acceptability standards. Offers will be evaluated and contracts awarded by airport location.

An offer for an airport location will be evaluated independently from all other airport locations for a contract award.

An Offeror who fails to offer on all products solicited at an airport location in Section B for an airport location will be ineligible for award for that location.

10. For line item 0001, offerors shall submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) verifying that the fuel meets Government’s specifications for the fuel type in Solicitation (C16.64-4 for JP8). Although awardees will be required to source the jet fuel from OPDC for this line item during performance, offerors are not required to have had a prior OPDC allocation or demonstrate the source of fuel sampled in its COA or COQ submitted in response to this solicitation was sourced from OPDC. The COA and COQ must be in English. If the Offeror fails to submit a Certificate of Analysis or Certificate of Quality with its proposal, the offer may be considered nonresponsive.

11. For line item 0002, offerors shall submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) for each line item offered verifying that the fuel meets Government’s specifications for the fuel type in Solicitation (C16.64-4 for JP8).

Offeror(s) must annotate each item number/ICAO code on the COAs and COQs. Offerors who are not the Refueler or Fixed- Based Operator are also required to submit a Commitment Letter from the FBO with its initial proposal. The Offeror must be able to demonstrate that the Offeror has secured arrangements that will enable it to support orders for the product specified, in accordance with the requirement schedule, and consistent with the delivery requirements and all other terms and conditions in the solicitation. Such commitment letters should be submitted with the Offeror’s initial proposal. COA and COQ must be in English. Reference sample Commitment Letter in the attachments. If the Offeror fails to submit a Certificate of Analysis or Certificate of Quality and Commitment Letter from the Fixed-Based Operator (FBO) with its proposal, the offer may be considered nonresponsive.

https://sam.gov/SAM

12. All proposals must be received before 1:00 p.m. Ft. Belvoir, Virginia time, September 5, 2024. Any proposals received after 1:00 p.m. Ft. Belvoir, Virginia time, September 5, 2024, will be considered “late.” Offerors assume all risk for any delay in the transmission of their proposals. Refer to FAR 52.212-2(f). Faxed proposals are not authorized. Please e-mail your proposal to:DLA- Energy-PH.Requirements@dla.mil. Please ensure that your proposal (SF1449) assigned per FAR 52.212-

1. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. When submitting a proposal via e-mail, please ensure it is sent within enough time in order for it to be processed through the server. The maximum file size per email is 10 MB (IAW L2.11-4).

13. Exceptions to the specifications, terms, and conditions of this solicitation may be pursuant to the Provision M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR1997). Indicate any exceptions and the extent to which your offer differs from the solicitation requirements on company letter signed by an authorized representative of the company attached with your offer.

14. Offerors must agree to honor prices their proposal for 180 calendar days from the date of RFP closing date. The Offeror’s proposal in response to the solicitation may be incorporated into the resultant contract in whole or in part at the time of award.

15. FAR 52.229-6(c)(1) provides that the contract price includes applicable taxes “unless otherwise provided in this contract.”

Consistent with this clause, the offeror may not include foreign taxes in its offer prices. “Foreign taxes” means “all direct or indirect foreign customs duties, import and export taxes, excises, fees and other charges imposed at the national, local, or intermediate level of a foreign country (i.e., a country that is not the United States) other than charges for services requested and received, regardless of how a charge is denominated in foreign law or regulation.” Any offer that includes foreign taxes in the price will not be accepted. It is the contractor’s responsibility to pursue and obtain any foreign tax exemption available based on the contract being a United States contract.

16. Offerors must fully disclose and identify all contractor team arrangement relationships including proposed partnerships or joint ventures as defined by FAR 9.601 with its proposal before the solicitation close date. For example, Offerors should fully disclose and identify that a teaming arrangement with a third party Refueler at a fixed-based operator exists, and whether it is a Partnership, Joint Venture and/or Prime/Sub relationship. Offerors with such a contractor team arrangement shall specify the arrangement in the commitment letter. The Government will determine the responsibility of any potential partner/subcontractor identified by the Offeror in its contractor teaming arrangement in accordance with FAR subpart 9.1.

17. Offerors are reminded of the following language in the C16.64-4 specification for JP8: “Additives in accordance with MIL-DTL-83133K dated July 18, 2018 and as modified below are required for deliveries of JP8 at the skin of the aircraft.

. . . (2)(i) The fuel shall contain 0.04 to 0.15 percent by volume FSII.”

18. Primary Solicitation Point of Contact: For clarification, explanation, and additional information, please contact Kimberly Morgan at 571-596-4917; email: Kimberly.d.morgan@dla.mil

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1. REQUISITION NUMBER

7006149023

SPE607-24-R-0202

Kimberly D. Morgan 571-596-4917

NET 30

SEE SCHEDULE

1.2 (IRAQ): Consist of the following locations

1 BAGHDAD DIPLOMATIC SUPPORT CENTER (BDSC)

2 ERBIL INTERNATIONAL

PERIOD OF PERFORMANCE

01 JAN 2025 - 31 DEC 2028

324110

8/05/2024

9/05/2024

1:00 PM EST

SPE607

DEFENSE LOGISTIC AGENCY ENERGY

8725 JOHN J. KINGMAN RD.

FORT BELVOIR VA, 22060

email: DLA-Energy-PH.Requirements@dla.mil

Offerors, who submit an offer under Solicitation SPE607-24-R-0202 with any Amendments, for all locations, must complete all Certifications and Representations below. Full text for all Certifications and Representations are found in Solicitation SPE607-24-R-0202. Those Certifications and Representations available in SAM shall be completed in SAM; those not available in SAM shall be completed below.

FAR CLAUSES, DFARS CLAUSES AND DLA ENERGY CONTRACT TEXTS:

1. B15.01, SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DLA

ENERGY(DEC 2018)

2. G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –RESERVE WIRE

TRANSFERSYSTEM (DLA ENERGY JAN 2012) – Provide account details if Offeror is using a Non United States Bank

3. FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

4. FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCECERTAIN FEDERAL TRANSACTIONS (SEP 2007)

5. FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAININTERNALCONFIDENTIALITY AGREEMENTS OR STATEMENTS—

REPRESENTATION (JAN 2017)

6. FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

7. FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

8. FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

9. FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV 2015)

10. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

11. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

12. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR AFELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

13. FAR 52.212-3 OFFEROR REPRESENTATIONS AND COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

14. FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

15. FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (OCT 2020)

16. FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND

REPRESENTATION (JUNE 2020)

17. DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES – REPRESENTATION (DEC 2019)

18. DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION (MAY 2021)

19. DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN

GOVERNMENT (DEC 2022)

20. DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

21. DFARS 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN

2019)

22. K15 RELEASE OF UNIT PRICES (DLA ENERGY MAR 2009)

23. K33.01 AUTHORIZE NEGOTIATORS (DLA ENERGY APR 2007)

24. K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014)

The Offeror has completed the Certifications and Representations 1 through 24 above for the Solicitation

SPE607-24-R-0202.

Print Name of Authorized Official: _

Signature of Authorized Official: Date:

OFFER PRICE BREAKDOWN SHEET (OVERSEAS version) Jet Petroleum 8 (JP8)

AIRPORT NAME AND ICAO CODE:

(Identify the airport and its ICAO code found in the solicitation schedule)

VENDOR CAGE CODE: LARGE OR SMALL BUSINESS:

CLIN NUMBER: STATE/ COUNTRY:

EST QUANTITY GALLONS:

IF THE INCUMBENT, STATE YOUR CONTRACT NUMBER #:

REFERENCE DATE: 1 JANUARY 2024

Jet Petroleum 8 (JP8):

($ USD Currency)

MARKET PRICE (PLATTS/OPDC) FOR THE ABOVE REFERENCE DATE: $ ________A.

INTO-PLANE FEE (Differential & additional fees, inclusive of fees for all modes of delivery: $ B.

into-plane, into-truck, rapid refuel)

TOTAL UNIT PRICE (Sum of A and B) $ C.

PUBLICATION/REFERENCE SELECTED FOR MARKET PRICE ADJUSTMENT

PLATTS (Line Item 0002):

OPDC (Line Item 0001):

Prices will change on [ ] Monday [ ] Tuesday [ ] Weekly [ ] Monthly[ ] Other

** NOTE Call Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government is unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

Per Hour or Per Occurrence (Included)

Hours of Operations [ ] 24 hours per day, 7 days per week (preferred) OR [ ] Other (Specify hours/call-out, and phone number for call-outs):

Circle One

Call-Out/Overtime Fee and Advance Notice: Holidays Included: YES or NO

Are you the REFUELER for this offer under this location? (Please check one) YES or NO

**** (Commitment letter must match the name and Address of the Refueler/FBO information below. COA or COQ must be in English)

Refueler (FBO) Point of Contact Name:

Full Physical Address (Country & State):

Person at Facility Phone Number:

Refinery Source Name:

Physical Address:

Phone Number:

K33.01 Authorized Negotiators (Reference: DLA Energy APR 2007)

Name & Title: Email &Phone:

Name & Title: Email &Phone:

FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

(C) REPRESENTATION. THE OFFEROR REPRESENTS THAT-

(1) IT □ IS, □ IS NOT AN INVERTED DOMESTIC CORPORATION; AND

(2) IT □ IS, □ IS NOT A SUBSIDIARY OF AN INVERTED DOMESTIC CORPORATION.

(END OF PROVISION)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(A) (1) THE OFFEROR CERTIFIES, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THAT—

(I) THE OFFEROR AND/OR ANY OF ITS PRINCIPALS–

(A) ARE □ ARE NOT □ PRESENTLY DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR DECLARED

INELIGIBLE FOR THE AWARD OF CONTRACTS BY ANY FEDERAL AGENCY;

(B) HAVE □ HAVE NOT □, WITHIN A THREE-YEAR PERIOD PRECEDING THIS OFFER, BEEN CONVICTED OF OR HAD A CIVIL JUDGMENT RENDERED AGAINST THEM FOR: COMMISSION OF FRAUD OR A CRIMINAL OFFENSE IN CONNECTION WITH OBTAINING, ATTEMPTING TO OBTAIN, OR PERFORMING A PUBLIC (FEDERAL, STATE, OR LOCAL) CONTRACT OR SUBCONTRACT; VIOLATION OF FEDERAL OR STATE ANTITRUST STATUTES RELATING TO THE SUBMISSION OF OFFERS; OR COMMISSION OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, MAKING FALSE STATEMENTS, TAX EVASION, VIOLATING FEDERAL CRIMINAL TAX LAWS, OR RECEIVING STOLEN PROPERTY (IF OFFEROR CHECKS "HAVE", THE OFFEROR SHALL ALSO SEE 52.209-7, IF INCLUDED

IN THIS SOLICITATION);

(C) ARE □ ARE NOT □ PRESENTLY INDICTED FOR, OR OTHERWISE CRIMINALLY OR CIVILLY CHARGED BY A GOVERNMENTAL ENTITY WITH, COMMISSION OF ANY OF THE OFFENSES ENUMERATED IN PARAGRAPH (A)(1)(I)(B) OF

THIS PROVISION;

(D) HAVE □, HAVE NOT □, WITHIN A THREE-YEAR PERIOD PRECEDING THIS OFFER, BEEN NOTIFIED OF ANY DELINQUENT FEDERAL TAXES IN AN AMOUNT THAT EXCEEDS THE THRESHOLD AT 9.104-5(A)(2) FOR WHICH THE

LIABILITY REMAINS UNSATISFIED.

(END OF PROVISION)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(B) THE OFFEROR □ HAS □ DOES NOT HAVE CURRENT ACTIVE FEDERAL CONTRACTS AND GRANTS WITH TOTAL

VALUE GREATER THAN $10,000,000.

(END OF PROVISION)

https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

(B) CERTIFICATION AND IDENTIFICATION OF COUNTRY OF ORIGIN.

(1) FOR ALL LINE ITEMS SUBJECT TO THE TRADE AGREEMENTS—BASIC CLAUSE OF THIS SOLICITATION, THE OFFEROR CERTIFIES THAT EACH END PRODUCT TO BE DELIVERED UNDER THIS CONTRACT, EXCEPT THOSE LISTED IN PARAGRAPH (C)(2) OF THIS PROVISION, IS A U.S.-MADE, QUALIFYING COUNTRY, OR DESIGNATED COUNTRY END PRODUCT.

(2) THE FOLLOWING SUPPLIES ARE OTHER NON-DESIGNATED COUNTRY END PRODUCTS:

(LINE ITEM NUMBER) (COUNTRY OF ORIGIN)

(END OF PROVISION)

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT

(DEC 2022)

(a) Definitions.As used in this provision—

(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).

(2) “Entity controlled by a foreign government”—

(i) Means—

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.

(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) “Proscribed information” means—

(i) Top Secret information;

(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified keys;

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI).

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 4874.

(c) Disclosure.The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:

Offeror’s Point of Contact for Questions about Disclosure

(Name and Phone Number with Country Code, City Code and Area Code, as applicable)

Name and Address of Offeror

Name and Address of Entity Controlled by a Foreign Government

Description of Interest, Ownership Percentage, and Identification of Foreign Government

(End of provision)

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 contract textmust 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 | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE

control.

(e) Notwithstanding any other provision of the contract, the requirements of this contract text shall