Att 3 - Fillable OSP.pdf

OFFER SUBMISSION

PACKAGE

SOLICITATION: SPE602-24-R-0707

PURCHASE PROGRAM: 2.99L

THE SOLICITATION COVERS THE DELIVERY PERIOD:

Base Year: August 1, 2024 – July 31, 2025, with a 30-day carryover 1st Option: August 1, 2025 – July 31, 2026, with a 30-day carryover 2nd Option: August 1, 2026 – July 31, 2027, with a 30-day carryover 3rd Option: August 1, 2027 – July 31, 2028, with a 30-day carryover

4th Option: August 1, 2028 – July 31, 2029, with a 30-day carryover

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE DEFENSE LOGISTICS

AGENCY BY:

June 28, 2024 at 1:00PM, Fort Belvoir, VA Local Time

INSTRUCTIONS

1. To be evaluated for award, one copy of this Offer Submission Package must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in this Offer Submission Package or as an attachment to the solicitation on SAM.gov. The following documents are needed by June 28, 2024 at 1:00PM, Fort Belvoir, VA Local Time:

• Signed Standard Form 1449

• Offer Submission Package

• All Applicable Fill-In Clauses

• A signed copy of all Amendments (If applicable)

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form 1449.

3. If you are submitting your offer by e-mail, please limit your e-mail transmission to the contents of this Offer Submission Package along with the signed Standard Form 1449, all applicable fill- in clauses, and all signed amendments if applicable.

4. By submitting this Offer Submission Package, you are stating ALL terms and conditions of the solicitation are accepted and apply to your offer, unless clearly stated herein.

5. The e-mail address to submit your offer is BulkFuelsBidCustodian@dla.mil.

mailto:BulkFuelsBidCustodian@dla.mil

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B1 SUPPLIES TO BE

FURNISHED (BULK) (DLA ENERGY JAN 2012)

(a) The minimum and maximum quantities are defined in the contract provision DELIVERY-ORDER

LIMITATIONS – SCOPE OF CONTRACT.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

NOTE: Please review the Schedule of Requirements located in the Solicitation. After reviewing the requirements, complete the OFFER SCHEDULE below:

OFFER SCHEDULE

A. STANDARD OFFER SHEETS

1. Offer Sheet

PRODUCT/DESCRIPTION

SHIPPING POINT

ESTIMATED

QUANTITY

(USG)

OFFERED

JAA PRICE

(USD/USG)

1. What type of synthetic blend component are you offering?

a. Fischer Tropsch (FT) in accordance with ASTM D7566 Annex A1.

b. Hydro-processed Esters and Fatty Acids (HEFA) in accordance with ASTM D7566 Annex A2.

c. Alcohol to Jet (ATJ) in accordance with ASTM D7566 Annex A5 – only derived from ethanol.

a. (FT)_____ b. (HEFA)_____ c. (ATJ)_____

2. What is the source and type of feedstock(s) are you using for the synthetic blend component?

3. What percentage of synthetic blend component are you offering in the SAF/final Jet A blend? (minimum of 10% by volume; maximum of 50% by volume)

_____% by volume

4. Will the SAF/final Jet A blend remain separated from other Jet A product after final blending through delivery to the U.S. Coast Guard location(s)? Please describe how.

Yes________ No_____

5. What are the lifecycle greenhouse gas emissions/carbon intensity value of SAF/final Jet A blend?

_________ gCO2e/MJ

6. In accordance with Section 19 of the Solicitation Notes, please include the total gallon price of the SAF/final Jet A blend.

Additional Contract Requirements for Sustainable Aviation Fuel (SAF) Offers.

Offerors of SAF (ASTM D1655 Jet A blended with a synthetic blend component that meets requirements in ASTM D7566) agree to the following terms and conditions.

1. The SAF/final Jet A blend shall consist of conventional Jet A (NSN 9130-00-359-2026, Product Code JAA) blended with one of the approved ASTM D7566 synthetic blend components (SBC) noted below with a minimum blend of 10% and maximum blend of 50%. The term used to describe this blend is ‘final Jet A blend’.

1) FT-SPK in accordance with ASTM D7566 Annex A1: Fischer-Tropsch synthetic paraffinic kerosene; blending limit 10-50% by volume.

2) HEFA-SPK in accordance with ASTM D7566 Annex A2: Hydro-processed esters and fatty acids, blending limit 10-50% by volume.

3) ATJ-SPK in accordance with ASTM D7566 Annex A5: Alcohol-to-jet synthetic paraffinic kerosene, blending limit 10-50% by volume. ATJ synthetic blend components shall be derived from ethanol; all other alcohol feedstocks such as isobutanol and isobutene are not approved.

2. The synthetic blend component must meet all requirements in ASTM D7566, and the final Jet A blend (Product Code JAA) must meet all requirements in ASTM D1655.

3. The final Jet A blend shall contain Fuel System Icing Inhibitor, Corrosion Improver/Lubricity Improver, and Static Dissipator Additive in accordance with Quality Assurance Provision C16.08-1 (JAA).

4. The annual requirement is estimated at 876,000 USG. The monthly requirement is estimated at 73,000 USG, with an estimate of one or more deliveries per month.

5. Offeror shall provide a test report (i.e., certificate of quality or certificate of analysis from an accredited laboratory) demonstrating compliance with ASTM D7566 for the pathway and feedstock(s) proposed for use. The test report shall be made available upon request from the Contracting Officer.

6. Under this Purchase Program, 2.99L Sustainable Aviation Fuel designated as Jet A (JAA), the anticipated delivery period is August 1, 2024, through July 31, 2025, plus a 30-day carryover. The 30-day carryover period allows for delivery of orders placed prior to the end of the ordering period.

The solicitation will include four, one-year option periods, each with a 30-day carryover period as outlined below:

Option 1 – August 1, 2025 – July 31, 2026 – Estimated annual requirement 876,000 USG/estimated monthly requirement 73,000 USG Option 2 – August 1, 2026 – July 31, 2027 – Estimated annual requirement 876,000 USG/estimated monthly requirement 73,000 USG Option 3 – August 1, 2027 – July 31, 2028 – Estimated annual requirement 876,000 USG/estimated monthly requirement 73,000 USG Option 4 – August 1, 2028 – July 31, 2029 – Estimated annual requirement 876,000 USG/estimated monthly requirement 73,000 USG

7. The Contractor shall ensure the traceability of the final Jet A blend be maintained along the supply chain to ensure the finished product is not contaminated or comingled with other product(s) prior to delivery to the USCG locations.

8. Each gallon of the final Jet A blend must contain the agreed upon minimum percentage by volume of synthetic blend component.

Contractor shall not vary the amount of the synthetic blend component content per gallon over the life of the contract. If the contractor wants to decrease or increase the percentage of synthetic blend component, the contractor shall submit a request in writing and must obtain the express written approval of the contracting officer. The acceptable range of synthetic blend component in the final Jet A blend is between 10

– 50 volume %.

a. Offeror shall identify which feedstock(s) will be used to produce the synthetic blend component and the applicable ASTM D7566 annex.

b. Each gallon of SBC must be produced using only the feedstock(s) identified in the contract.

c. Each gallon of SBC must be produced using the pathway and process identified in the contract.

9. If the contractor wants to provide fuel produced from a feedstock or using a pathway or process not identified in the contract, then the contractor must obtain the express written approval of the contracting officer. Contractor shall submit a request in writing identifying the new feedstock, pathway, or process, to be used and the reasons for the change.

10. For all final Jet A blend expressly identified and supplied under the contract, the lifecycle greenhouse gas emissions of the SBC must be less than or equal to the lifecycle greenhouse gas emissions of fuel produced from conventional petroleum sources as required by Section 526 of the Energy Independence and Security Act, 42 U.S.C. § 17142.

a. Each gallon of SBC must achieve a minimum of a 50% reduction in lifecycle GHG emissions compared to conventional petroleum fuel as outlined in the SAF Grand Challenge. Include the method used to determine the lifecycle analysis of greenhouse gas emissions and the lifecycle greenhouse gas emissions/carbon intensity value in gCO2e/MJ.

b. Acceptable methods to determine the lifecycle analysis of greenhouse gas emissions of the SBC pathway are:

___ The pathway is listed in Table 1 to 40 CFR 80.1426 or the EPA has approved a petition for use of a D code. Identify the pathway or the D code: __________________________________

____ Offeror has performed the lifecycle greenhouse gas calculations using the Department of Energy’s Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) model. If this method was used, provide the results in gCO2e/MJ for Jet A.

Provide documentation of key GREET input parameters specific to your feedstock and technology pathway used in determining lifecycle greenhouse gas calculations.

____Greenhouse gas emissions reduction percentage calculated from the International Civil Aviation Organization’s most recent publication of the Carbon Offsetting and Reduction Scheme for International Aviation “Methodology for Calculating Actual Life Cycle Emission Values”.

11. At its discretion, the Government may request supporting documents such as reports, invoices, or receipts demonstrating that the Contractor has purchased or otherwise obtained sufficient SAF/Jet A to fulfill the requirements of its contract. The Government may also test the fuel for biofuel content using ASTM D6866 – “Standard Test Method for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis,” or other reasonable techniques or standards to ensure compliance.

B. SOURCE OF SUPPLY

1. State the monthly production capacity for each source of supply:

PRODUCT SOURCE OF SUPPLY MAXIMUM MONTHLY PRODUCTION

(USG)

VENDOR NOTES:

C. PARCEL SHIPPING SIZES & DAILY CAPACITY

1. State the Loading/Movement Capacity offers:

PRODUCT

SHIPPING POINT

MINIMUM

DAILY

QUANTITY (USG)

MAXIMUM

DAILY

QUANTITY (USG)

DAYS OF WEEK TERMINAL OPEN

2. Would the quantity awarded out of any shipping point affect the quantity available for award out of any other shipping point: If YES please give details below:

D. QUALITY ASSURANCE

The offeror must demonstrate an understanding of the quality assurance requirements in Quality Assurance Provisions (QAPs) E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013) of the solicitation. Accordingly, offerors must indicate one of the following and submit the required documentation for review with their initial offer:

☐ Offeror certifies that it has a Quality Control Plan (QCP), applicable to a DLA Energy bulk petroleum contract, on file with DLA Energy that is no more than 24 months old.

OR

☐ An outline, an estimated two pages in length, of a proposed QCP describing the offerors current inspection system and quality assurance procedures, with references to the corresponding requirements in E1

E. F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK/LUBES)

(DLA ENERGY JUN 1996) FOR FOB DESTINATION OFFERS BY TRUCK

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

SHIPPING POINT FREE TIME FOR UNLOADING TRANSPORT

TRUCK OR TRUCK AND TRAILER (in hours)

RATE FOR DETENTION

BEYOND THE FREE TIME (in dollars per hour)

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive. UNLESS OFFEROR

INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED.

(c) DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

(End of F3.02 Text)

F. F92.02 SCHEDULE OF REFINERY SHUTDOWNS FOR TURNAROUNDS (DOMESTIC AND OVERSEAS BULK)

(DLA ENERGY JULY 19)

(a) The offeror shall furnish to the Contracting Officer a refinery shutdown schedule for the contract period. DLA Energy will review the offered quantity, parcel sizes, and lift intervals in conjunction with the turnaround period to ensure that the entire offered quantity can be delivered during the performance period and will meet operational requirements.

(b) The offeror shall provide the following information for each product offered:

(1) No shutdowns planned [ ]

(2) Shutdowns Planned [ ]

(i) Refinery location: ;

(ii) Shutdown period: ;

(iii) Impact of shutdown period on supply availability:

(c) Unless the offeror states otherwise, the offer will be evaluated on the basis that there will be no refinery shutdowns for turnarounds that will have an impact on supply availability.

(d)

G. REQUESTS FOR EXCEPTION

All requests for exceptions to the solicitation and amendments must be included in this section. Please be a specific as possible when submitting a request for exception and use a separate line for each exception being requested.

Inclusion of the request for exception in the offer should not be construed as acceptance by the Government until such acceptance is expressly stated by the Contracting Officer.

Any exception stated elsewhere in the offer that is not included in the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

1. SECTION B / SUPPLIES OR SERVICES AND PRICES/COST: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

Clause/Provision Exception Requested

2. SECTION C / DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

3. SECTION E / INSPECTION AND ACCEPTANCE: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

4. SECTION F / DELIVERIES OR PERFORMANCE: List all exceptions to this section; identify the solicitation clause or provision applicable to each exception.

5. OTHER EXCEPTIONS: List all exceptions to the solicitation and amendments other than those for Sections B, C, E or F of the Solicitation. Identify the solicitation section and clause or provision applicable to each exception requested.

Any exception stated elsewhere in the offer that is not included in the Offer Submission Package will NOT be considered a valid request for exception and will not be considered for award.

H. K Clauses

1. K28 SHIPPING POINT AND REFINERY INFORMATION (BULK) (DLA ENERGY JULY 2019)

Offerors are required to submit the following information for all shipping points and refinery sources offered.

COMPLETE ADDRESS (INCLUDING NAME OF SHIPPING POINT OR REFINERY, STREET ADDRESS, CITY, COUNTY, STATE AND ZIP CODE, AND TELEPHONE NO.):

Name of Refinery Shipping Point Street Address City County State Zip Code Telephone No.

2. K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

3. K86 FOREIGN TAXES (DLA ENERGY NOV 2014)

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause 52.229-6, unless the contract provides otherwise, the contract price must include all applicable foreign taxes, duties, fees, or foreign government-levied charges (“taxes and duties”). In accordance with the TAXES - FOREIGN FIXED- PRICE CONTRACTS clause 52.229-6, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes and duties included in the price. If, when permitted by the contract, foreign taxes and duties are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these foreign taxes and duties in paragraph (b) below.

(a) Foreign taxes and duties included in the contract price are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

(b) Foreign taxes and duties invoiced separately are as follows:

Name of Tax, Duty, Fee, or Foreign Government Levied Charge Amount

I. General Comments

Please include any general comments or notes that you wish to include in your offer in the area provided.

HAZARD COMMUNICATION STANDARD NOTICE

1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, hazardous warning labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.

Finally, suppliers must train their employees on the new safety data sheets, hazardous warning labels, and requirements of 29 C.F.R. 1910.1200.

SECTION I - CONTRACT CLAUSES

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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

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

(JUN 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States.

For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at /content/29402-3tax-certain-http://www.sam.gov/ https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/content/29402-3tax-certain-foreign-procurements foreign-procurements. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law- questions.

https://www.acquisition.gov/content/29402-3tax-certain-foreign-procurements https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/content/52229-12tax-certain-foreign-procurements#id205VI30B0ZS https://www.acquisition.gov/content/52229-12tax-certain-foreign-procurements#id205VI30B0ZS https://www.irs.gov/%E2%80%8Bhelp/%E2%80%8Btax-law-questions https://www.irs.gov/%E2%80%8Bhelp/%E2%80%8Btax-law-questions

DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(JUN 2020)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel.

Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions. As used in this clause—

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect- Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management

System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

https://wawf.eb.mil/

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND STATEMENTS

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in https://www.sam.gov/ paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES- REPRESENTATION

(OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out…