3.7 Domestic Solicitation SPE608-26-R-0200.pdf

SOLICITATION

DOMESTIC SHIPS’ BUNKERS

SP0608-26-R-0200 Purchase Program 3.7 Domestic

CONUS, AK, HI, PR, USVI, & American Samoa

THE ENCLOSED SOLICITATION COVERS THE PPERFORMANCE PERIOD:

January 01, 2026 through December 30, 2028

INSTRUCTIONS:

1. The original copy of this Offer Submission must be returned to this office as your offer. All documents to be completed and returned are contained in the Solicitation and are located as ATTACHMENTS on www.SAM.gov where they can be downloaded:

X Standard Form 1449 (SF1449) X Schedule of Supplies (Attachment A) X Offer Data Sheet (Attachment B) X Location of Facilities Worksheet (Attachment C) X All applicable fill-in clauses

2. Be sure to check your offer prices for accuracy and legibility prior to submission. Initial all changes and sign and date the SF1449 in ink.

3. By submission of the SF1449, you are stating that all terms and conditions of the entire solicitation are accepted and apply to your offer.

4. Required: Certificate of Analysis (COA) /Certificate of Quality (COQ) and a Commitment Letter from the supplier for every item offered. See Note U below

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE608-26-R-0200

6. SOLICITATION ISSUE DATE

28 October 2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIMBERLY MORGAN

b. TELEPHONE NUMBER

(no collect calls) (571.596.4917)

8. OFFER DUE DATE/LOCAL TIME

14 November 2025 @3:00 PM EST (Ft Belvoir, VA) Time

9. ISSUED BY CODE

SPE608

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12.

DISCOUNT

TERMS

DLA ENERGY-FEPE (Kimberly Morgan)

DEFENSE LOGISTICS AGENCY-ENERGY

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

SEE SCHEDULE

NET 30 DAYS

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

8(A) 13a. THIS CONTRACT IS RATED

ORDER UNDER DPAS (15 CFR 700)

PHONE: (571)596-4917 FAX: (571) 767-8506 NAICS: 324110 13b.

RATING K

Email: DDFBunkers@dla.mil

SIZE STANDARD: 1500 14. METHOD OF SOLICITATION

3.7 Domestic

AFRICOMAFR

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE ATTACHMENT A-1

SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

Address:

DUNS: EMAIL ADDRESS:

TELEPHONE NO. FAX NO:

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUN

T

SEE ATTACHMENT A

(Attach additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CFO 01 26.1 S33150 FOR DOD & USCG ONLY, OTHERS MUST CITE OWN FUNDS

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT

ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_

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

HEREIN.

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 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c . DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION MASTER SOLICITATION STANDARD FORM 1449

mailto:Bunkers@dla.mil

DLA Energy-FEPEC Bunkers

Source Selection Information See FAR 2.101 and FAR 3.104

INSTRUCTIONS TO OFFERORS

(READ THE FOLLOWING CAREFULLY)

A. SOLICITATION CLOSING DATE: November 14, 2025 at 3:00 PM Local Time, FORT BELVOIR, VIRGINIA. Any offer received after this time will be considered “late” and may be determined unacceptable.

B. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be January 01, 2026 through December 30, 2028. Quantities stated in the SCHEDULE (Attachment A) represent the Government’s best estimates for that timeframe.

C. EVALUATION CRITERIA: Proposals will be evaluated pursuant to FAR 52.212-2 –

Evaluation – Commercial Products and Commercial Services. 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.

D. PROPOSAL SUBMISSION:

All proposal documentation, to include the Offeror Submission Package (OSP), Certificate of Analysis (COA) / Certificate of Quality (COQ) that is not more than three (3) months older than the solicitation closing date and a Commitment Letter from the supplier for every item offered, shall be sent via email to DDFBunkers@dla.mil.

IMPORTANT: Our email system cannot receive emails over 10 MB. If your OSP and paperwork is larger than 10 MBs, please break it down into smaller emails. Within one (1) business day of receipt we will reply that your email(s) is received. If you do not receive confirmation, please contact us.

IMPORTANT: Please ensure your offer is submitted well in advance of the deadline. Any offers received after the established Closing Date/Time for receipt of proposals will be considered late and handled in accordance with FAR 52.212-1(f).

E. OFFER PRICES: Must be “as delivered,” and “all-inclusive,” which means that all applicable costs (transportation, taxes, fees, and other charges) must be included in each offer price. There will be NO exceptions to this requirement. The submitted offer and all accompanying paperwork must be in English, in accordance with Clause 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE and all prices must be in U.S.

Dollars per gallon, in accordance with Clause 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY. Offerors are advised to submit their best prices with their proposal since the Government reserves the right to award a contract without discussion.

F. Total ancillary charges, which include Cancellation, Quantity Change, Demurrage, Backhaul, Overtime, and Booming, cannot exceed 10% of the total quoted price for fuel. For the Demurrage, Backhaul, and Overtime ancillary charges, offerors may offer to charge those amounts as a flat fee, as follows: Each; Per Hour; Per U.S Gallon; or Per Metric Ton. However, by submission of its offer, the offeror agrees that the Government will not pay more than 10% of the quoted price for fuel in total ancillary charges.

G. NOTE: Quantity Change charges shall apply only when the Customer specifically requests a change in quantity ordered. This may be indicated by a modification to the order in SEA Card® EAS from the customer. If the ship does not take the full quantity ordered, the Merchant may charge for Backhaul at the rate and amount listed in its offer, but may not charge for Quantity Change as well, unless the order had been previously modified.

H. COMPETITIVE RANGE: The Government reserves the right to evaluate all proposals in accordance with FAR Part 15.305(a) and establish a competitive range without discussions in accordance with FAR 15.306 (b)(3). Communications with Offerors for clarification may be conducted before the competitive range is established by the solicitation close date in accordance with FAR 15.306(b)(2). Based on the ratings of each proposal against all evaluation criteria, the Contracting Officer may establish a competitive range comprised of all of the highly rated proposals, unless the range is further reduced for purposes of efficiency. In the case where the Contracting Officer has determined that the number of most highly rated proposals will be too many to conduct an efficient competition, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals [see FAR

15.306 (c)(2)]. The Contracting Officer will provide written notice of elimination from the competitive range to unsuccessful Offerors in accordance with FAR Part 15.503(a). Failure to provide requested information and documentation results in delays in making a timely contract award.

I. SITE VISITS: You are directed to Bunker NOTE, SITE VISIT, please note that DLA Energy encourages all potential offerors to call or visit the sites in which they intend to submit an offer(s).

J. OFFER EXPIRATION DATE: Offerors agree to honor prices submitted in response to this solicitation for 180 days after the solicitation closing date.

K. SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors and quoters are required to be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. Contractors register once and confirm on an annual basis that their SAM registration is complete and accurate. Offerors may obtain information on registration and annual confirmation requirements via Internet at https://sam.gov/content/home.

L. Registration and the Unique Entity ID: The Unique Entity ID from SAM.gov is now the authoritative identifier for those doing business with the federal government. URL:

https://sam.gov/entity-registration.

M. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING:

Please insert your CAGE code in Block 17a on the Standard Form 1449. If you have not been assigned a CAGE code, insert the word “NONE” in the block.

N. NOTICE TO ALL OFFERORS: Due to potential threats, please be aware that each port has its own Force Protection Procedures, which the U.S. Navy Husbanding Service Provider (HSP) performs. These strict security procedures (vetting) may include but are not limited to:

searches of delivery vehicle(s)/ vessels; identification/ background check of delivery personnel; requirements for Government-issued ID cards; security swimmers and/or search under and around delivery/ receiving vessels. Contractors will be responsible for the vetting of their subcontractors’ ability to deliver to required locations.

O. AMENDMENTS TO THE SOLICITATION: Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). If this solicitation is amended, all terms and conditions that are not amended remain unchanged.

P. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE

TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR

RECEIPT OF CONTRACTS WITH THE GOVERNMENT AGENCIES OR IN

RECEIPT OF A PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY

IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

https://sam.gov/entity-registration

Q. SEA CARD® All potential contractors will be required to participate in the SEA CARD® Program. Contractors must be able to receive orders, complete transaction data and invoice for contracts via the Sea Card ® Electronic Access System (EAS).

R. Fuel purchases under DLA Energy bunker contracts are not charge transaction processing fees. For ancillary fees (non-fuel charges), each SEA Card® Merchant is charged a processing fee, as determined by its merchant agreement. See SEA Card® Program Information & FAQ at https://www.seacardsys.com/help/help_index.html. All Bunker deliveries must meet requirements of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) ANNEX VI during life of the contract.

S. REQUIREMENTS CONTRACT: Please note that contracts awarded as a result of this solicitation shall be “Requirements-type,” in accordance with Clause 52.216-21, REQUIREMENTS. This means there are no guarantees of minimal lifts, or potentially any lifts at all. The total estimated quantity listed in the solicitation is a good-faith best estimate of projected usage during the contract period. In addition, the contract is not completed or fulfilled if the total estimated quantity is lifted or exceeded.

T. REQUIREMENT TO SUBMIT SAFETY DATA SHEETS: All offerors MUST submit with their offer a copy of the Safety Data Sheet (SDS) for all products offered. Please see

FAR 52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA and DFARS 252.223-7001, HAZARD WARNING LABELS.

U. IMPORTANT: All offerors MUST submit with their offer a Certificate of Analysis (COA) /

Certificate of Quality (COQ) that is not more than three (3) months old from the solicitation closing date and a Commitment Letter from the supplier for every item offered.

We need a separate COA / COQ and Commitment Letter for each item – and you MUST state on each submitted document the Item Number and Location to which it applies. Submit the COA/COQ and commitment letter for each location in one file (separate from the rest of your offer) and be sure to indicate on the COQ/COA and commitment letter the Item Number to which it pertains.

V. PRIMARY SOLICITATION CONTRACT POINT: For clarification, explanation and additional information, please email DDFBunkers@dla.mil.

mailto:Bunkers@dla.mil

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) This solicitation incorporates one or more 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acqusition.gov and https://www.acquisition.gov/dlad.

FAR 52.252-2 SOLICITATION CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acqusition .gov and https://www.acquisition.gov/dlad.

CLAUSE NO. CLAUSE TITTLE

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANTENANCE (AUG

2020)

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

FAR 52.209-6

PROTECTING THE GOVERNMENT’S INTERESTS WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (NOV 2021)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

https://www.acquisition.gov/dlad

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT STANDARD SUPPLIES (NOV 2021)

FAR 52.224-2 PRIVACY ACT (APR 1984)

FAR 52.229-6 TAXES FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

FAR 52.244-5 COMPETITION IN SUBCONTRACTING (AUG 2024)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2025)

FAR 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

FAR 52.246.2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)

FAR 52.247-34 F.O.B. DESTINATION (JAN 1991)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE

CONTRACT-RELATED FELONIES (JAN 2023)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWERS RIGHTS

(DEC 2022)

DFARS 252.203-7004 DISPLAY OF HOTLINE POSTER(S) (JAN 2023)

DFARS 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (MAY 2024)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (JAN 2023)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(OCT 2024)

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

(DEC 2022)

DFARS 252.209-7004

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY

THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (MAY 2019)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)- BASIC

(MAY 2019)

DFARS 252.225-7021 TRADE AGREEMENTS – BASIC (FEB 2024)

DFARS 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2022)

DFARS 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (JAN 2023)

DFARS 252.225-7065 RESTRICTION ON ACQUISITION OF FUEL FOR OVERSEAS CONTINGENCY

OPERATIONS (OCT 2024)

DFARS 252.225-7966 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS-

REPRESETATION (DEVIATION 2024-O0006)

DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS

(DEVIATION 2024-O0006)

DFARS 252.226-7001

UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERN (JAN

2023)

DFARS 252.229-7001 TAX RELIEF (APR 2020)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JAN 2023)

DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL

SERVICES (NOV 2023)

Supplementary Quality Assurance Provisions: See Attachment D for the full text of these

QAPS:

DLA ENERGY C-QAPs

ENERGY QAP C1 GENERALIZED TECHNICAL GUIDANCE (MAR 2025)

ENERGY QAP C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (DLA

ENERGY SEPT 2024)

DLA ENERGY E-QAPS

ENERGY QAP E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) (DLA

ENERGY JAN 2013)

ENERGY QAP E12 POINT OF ACCEPTANCE (DLA ENERGY JUL 2015)

ENERGY QAP E21.01 POINT OF INSPECTION (DLA ENERGY JUN 2015)

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY FEB 2022)

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

ENERGY QAP E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR) WIDE

AREA WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT

DELIVERY AVIATION FUEL). (JULY 2014)

Bunker NOTES: SEE ATTACHMENT E – Bunker NOTES for the full text of these notes.

DELIVERY CONDITIONS

BARGE UNLOADING CONDITIONS

SITE VISIT

The clauses contained on the table below are incorporated by FULL TEXT.

CLAUSE NO. CLAUSE TITLE

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

FAR 52.212-2 EVALUATION COMMERICAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (OCT 2024)

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

10 Percent decrease

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1: TECHNICAL ACCEPTABILITY

FACTOR 2: PRICE

Proposals will be evaluated pursuant to FAR 52.212-2 – Evaluation – Commercial Products and Commercial Services. The solicitation informs Offerors that the contracting officer will evaluate proposals based on the Lowest Price Technically Acceptable (LPTA) Source Selection Process. In order to be considered for award an offeror must meet or exceed technical acceptability standards for non-cost factors.

FACTOR 1: TECHNICAL ACCEPTABILITY

In order to be considered, an offeror must meet or exceed the technical acceptability standards as follows:

1. Acceptable. To be deemed acceptable, an offer shall meet the minimum requirements of the solicitation, including the requirement schedule and product specification requirements in Attachment A and the below requirements must ALL be met if one is unacceptable, the entire factor is unacceptable, and the offeror will no longer be considered for award.

To be evaluated:

An offeror must submit a Certificate of Analysis (COA) or Certificate of Quality (COQ) that is not three (3) months older from the Solicitation closing date and Commitment Letter demonstrating that the offeror can meet the applicable specification for the product offered based on DoD Standard practice established for Bunkers servicing of fuels at commercial ports in accordance with the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) ANNEX VI during life of the contract.

The Commitment Letter from each supplier must 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.

As a Minimum, the Commitment Letter must state:

• Name and Address of the fuel supplier

• CLIN Number and Location of each CLIN to be supplied

• For each CLIN, the Total estimated Quantity to be supplied over the entire Delivery Period

• Starting and Ending Date of the Solicitation Delivery Period

• The Delivery Mode for each CLIN.

Offers will be rated for this technical capability factor pursuant to the following ratings:

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Any Offeror who receives an overall Technical rating of “Unacceptable” after final proposal revisions will not be eligible for an award. The Contracting Officer will evaluate proposals using the criteria above for each line item. Offerors who fail to meet minimal technical requirements of the solicitation will be determined to be technically unacceptable and will not be considered for award.

FACTOR 2: PRICE

The unit price offered for each individual line will be multiplied by the estimated quantity resulting in a total base period contract price for that line item. The lowest price will be determined by the lowest total aggregated extended price for the total requirement. The line items will be evaluated and awarded all-or-none.

PRE-AWARD SURVEY

In addition to meeting the technical acceptability requirements above, an Offeror must be determined responsible in accordance with FAR subpart 9.1. The government may conduct a pre-award survey as part of making a determination as to an Offeror’s responsibility.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_233_3

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X_ (2)52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (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.)

__ (4)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7)52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__ (11)

(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

https://www.acquisition.gov/far/part-52#FAR_52_233_4 https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_203_13 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390

__ (ii)Alternate I (Dec 2023) of 52.204-30.

_X_ (12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

_X_ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

__ (18)

(i)52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii)Alternate I (Mar 2020) of 52.219-6.

__ (19)

(i)52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii)Alternate I (Mar 2020) of 52.219-7.

__ (20)52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

_X_ (21)

(i)52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii)Alternate I (Nov 2016) of 52.219-9.

__ (iii)Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jan 2025) of 52.219-9.

__ (22)

(i)52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii)Alternate I (Mar 2020) of 52.219-13.

https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_13

__ (23)52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

_X_ (24)52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26)

(i)52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii)Alternate I (Mar 2020) of 52.219-28.

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29)52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30)52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31)52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

_X_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

_X_ (33)52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34)

(i)52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii)Alternate I (Feb 1999) of 52.222-26.

_X_ (35)

(i)52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii)Alternate I (Jul 2014) of 52.222-35.

_X_ (36)

(i)52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii)Alternate I (Jul 2014) of 52.222-36.

_X_ (37)52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

https://www.acquisition.gov/far/part-52#FAR_52_219_14 https://www.acquisition.gov/far/part-52#FAR_52_219_16 https://www.acquisition.gov/far/part-52#FAR_52_219_27 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 https://www.acquisition.gov/far/part-52#FAR_52_219_30 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim

_X_ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (39) (i)52.222-50, Combating Trafficking in Persons (OCT 2025) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii)Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40)52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(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-the-shelf items.)

__ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44)52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45)52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46)52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004) (7U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259B, AND 42 U.S.C. 76711)

_X_ (47)

(i)52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii)Alternate I (Jan 2017) of 52.224-3.

__ (48)

(i)52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii)Alternate I (Oct 2022) of 52.225-1.

__ (49) https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_9 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_1

(i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

__ (ii)Alternate I [Reserved].

__ (iii)Alternate II (Jan 2025) of 52.225-3.

__ (iv)Alternate III (Feb 2024) of 52.225-3.

__ (v)Alternate IV (Oct 2022) of 52.225-3.

__ (50)52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51)52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53)52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56)52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61)52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4 https://www.acquisition.gov/far/part-52#FAR_52_226_5 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_232_36

__ (62)52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

__ (64)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65)

(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii)Alternate I (Apr 2003) of 52.247-64.

__ (iii)Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

_ _ (1)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2)52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6)52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 https://www.acquisition.gov/far/part-52#FAR_52_222_42 https://www.acquisition.gov/far/part-52#FAR_52_222_43 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_51 https://www.acquisition.gov/far/part-52#FAR_52_222_53 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62

__ (9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(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, as defined in FAR 2.101, on the date of award of this contract, 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)

(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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

https://www.acquisition.gov/far/part-52#FAR_52_226_6 https://www.acquisition.gov/far/part-52#FAR_52_247_69…