SP060007R0513.pdf

DD FORM 1707, FEB 2002 PREVIOUS EDITION IS OBSOLETE.

INFORMATION TO OFFERORS OR QUOTERS

SECTION A – COVER SHEET

Form Approved OMB No. 9000-0002 Expires Oct 31, 2004

The public reporting burden for this collection of information is estimated to average 35 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for information Operations and Reports (9000-0002), 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person will be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE ADDRESS IN BLOCK 4 BELOW.

1. SOLICITATION NUMBER

SP0600-07-R-0513

2. (X one)

a. INVITATION FOR BID (IFB)

b. REQUEST FOR PROPOSAL (RFP)

c. REQUEST FOR QUOTATION (RFQ)

3. DATE/TIME RESPONSE DUE

JUNE 8, 2007

3:00 PM (Virginia time)

INSTRUCTIONS

NOTE: The provision entitled “Required Central Contractor Registration” applies to most solicitations.

1. If you are not submitting a response, complete the information in Blocks 9 through 11 and return to the issuing office in Block 4 unless a different return address is indicated in Block 7.

2. Offerors or quoters must include full, accurate, and complete information in their responses as required by this solicitation (including attachments). “Fill-ins” are provided on Standard Form 18, Standard Form 33, and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

3. Offerors or quoters must plainly mark their responses with the Solicitation Number and the date and local time for bid opening or receipt of proposals that is in the solicitation document.

4. Information regarding the timeliness of response is addressed in the provision of this solicitation entitled either “Late Submissions, Modifications, and Withdrawals of Bids,” or “Instructions to Offerors – Competitive Acquisition.”

4. ISSUING OFFICE (Complete mailing address, including ZIP Code)

ATTN: PATRICIA JACOBS/DESC-FPA/RM 2945

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

5. ITEMS TO BE PURCHASED (Brief description) Services for the operation and maintenance of the U.S. Air Force bulk storage facilities at Hurlburt AFB, FL; Eglin AFB, FL; Barksdale AFB, LA; Dyess AFB, TX;

Altus AFB, OK; Little Rock AFB, AR; and Whiteman AFB, MO..

Performance Period: 1200 hours December 01, 2007 through 1200 hours December 01, 2012

6. PROCUREMENT INFORMATION (X and complete as applicable.)

a. THIS PROCUREMENT IS UNRESTRICTED.

b. THIS PROCUREMENT IS 100 % SET-ASIDE FOR SMALL BUSINESS. THE APPLICABLE NAICS CODE IS:

c. THIS PROCUREMENT IS % SET-ASIDE FOR HUB ZONE CONCERNS. THE APPLICABLE NAICS CODE IS:

d. THIS PROCUREMENT IS RESTRICTED TO FIRMS ELIGIBLE UNDER SECTION 8(a) OF THE SMALL BUSINESS ACT.

7. ADDITIONAL INFORMATION:

A. A preproposal conference will be held on April 30, 2007 at 8:00 a.m. at Barksdale AFB, LA. Interested parties should submit names and phone numbers of attendees to Patricia Jacobs via email NLT April 26, 2007. Technical questions should also be submitted in writing NLT April 26, 2007. For prime contractors interested in this solicitation, attendance is considered mandatory at both the preproposal conference and the site visits. In order to offer, the company or its agent(s), must attend the preproposal conference and all site visits. (Continued on page 2)

8. POINT OF CONTACT FOR INFORMATION

a. NAME (Last, First, Middle Initial)

JACOBS, PATRICIA L.

c. TELEPHONE NUMBER (Include Area Code and Extension) 703-767-9328

d. E-MAIL ADDRESS Patricia.Jacobs@dla.mil

b. ADDRESS (Include ZIP Code) ATTN: Patricia Jacobs/DESC-FPA/ROOM 2945

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

9. REASONS FOR NO RESPONSE (X all that apply)

a. CANNOT COMPLY WITH SPECIFICATIONS

b. UNABLE TO IDENTIFY THE ITEMS(S)

c. CANNOT MEET DELIVERY REQUIREMENT

d. DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

e. OTHER

10. MAILING LIST INFORMATION (X one) WE DO DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE INVOLVED.

11a. COMPANY NAME

b. ADDRESS

c. ACTION OFFICER

(1) TYPED OR PRINTED NAME (Last, First, Middle Initial)

(2) TITLE

(3) SIGNATURE (4) DATE SIGNED (YYYYMMDD)

SP0600-07-R-0513

DD1707

B. This is an unrestricted procurement. The NAICS Code is 493190. (See Clause K1.01-11) In order to qualify as a small business concern, the offeror and affiliates must not exceed $23.5 million in total annual receipts. The point of contact for Small Business Affairs is Lula Manley (703) 767-9465.

C. Your offer must be received in DESC-FPA by 3:00 p.m. on June 8, 2007. Facsimile proposals are not authorized. Do not return the entire solicitation package. Simply complete and return an original and one copy of the Offeror Submission Package data and an original and two copies of the Technical/Management Proposal submissions as described in Clause L201.100. Lack of registration in the Central Contractor Registration (CCR) database will make an offeror ineligible for award as described in Clause I1.07. Your prices must be inserted in Clause B33.01.100 in the Offeror Submission Package. The Line Item 0001 price must include any G & A and profit associated with all line items. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

D. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

F. The Government intends to evaluate proposals and award a contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range (see Clause L2.05-8). This best value decision will be based on combination of price and past performance (see Clause M100.100). The resulting type of contract will be Firm Fixed Price with Cost Reimbursement Provisions.

G. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.

H. The following clauses are specifically applicable to the cost reimbursement portions of the solicitation: E200, I230, I400.02, I400.03, I400.05, I400.06, I400.07, I400.08, I400.09, I400.10 and I400.13.

I. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING PAGE OF PAGES

1 | 90

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITAION NO.

SP0600-07-R-0513

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

16 April 2007

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE SCO600 8. ADDRESS OFFER TO (If other than item 7) Defense Energy Support Center

8725 JOHN J. KINGMAN RD, SUITE 2945

FORT BELVOIR, VA 22060-6222 P.P. 6.1

BUYER/SYMBOL – P. Jacobs/DESC-FPA

Defense Energy Support Center

8725 JOHN J. KINGMAN RD, SUITE 4950

ATTN: DFSC-FP BID CUSTODIAN/ROOM 2945

FORT BELVOIR, VA 22060-6222

NOTE: In sealed bid solicitation "offer" and "offeror mean "bid" and "Bidder".

SOLICITATION

9. Sealed offers in original and 1 (one) copies for furnishing the supplies or services in the Schedule will be received at the place specificed, in the depository located in DESC-FPA, Room 2945____________ until 3:00 PM local time 08 JUNE 2007 .

(hour) (date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-10. All offers are subject to all tems and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

PATRICIA JACOBS

B. TELEPHONE NO. (Include Area Code) (NO COLLECT CALLS)

(703) 767-9328

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S

PART I - THE SCHEDULE PART II – CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES 11

X B SUPPLIES OR SERVICE AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

C DESCRIPTION/SPECS/WORK STATEMENT X J LIST OF ATTACHMENTS 73

D PACKAGING AND MARKETING PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 3 K REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 5 X OTHER STATEMENTS OF OFFERORS 73

X G CONTRACT ADMINISTRATION 5 X L INSTRS., COND., AND NOTICES TO OFFERORS 83

X H SPECIAL CONTRACT REQUIREMENTS 10 X M EVALUATION FACTORS FOR AWARD 89

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 176 calendar days (60 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See section I, Clause No 52.232-8)

10 CALENDAR

DAYS

20 CALENDAR DAYS

30 CALENDAR

DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the solicitation for offerors and related documents numbered and dated:

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

TO SIGN OFFER (Type or print)

FAX #

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE

ADDRESS [ ] IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7)

CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type of print)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

NSN 7540-01-152-8064 STANDARD FORM 33 (REV 4.85)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

Solicitation - SP0600-07-R-0513

CLAUSE INDEX

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B33.01.100 SERVICES TO BE FURNISHED AND PRICES (MULTIYEAR) (AF GOCOs) (DESC APR 2007) 2

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

(See Attachment 1)

SECTION E – INSPECTION AND ACCEPTANCE

E1.11.100 QUALITY CONTROL PLAN (DESC MAR 2000) 3

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) 3

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 3

E29.01 CONTRACT TURNOVER INSPECTION (DESC MAR 2002) 4

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 4

E50 RESPONSIBILITY FOR SUPPLIES (APR 1984) 5

E200 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984) 5

SECTION F – DELIVERIES AND PERFORMANCE

F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997) 5

SECTION G - CONTRACT ADMINISTRATION DATA

G1 POSTAWARD CONFERENCE (DEC 1991) 5

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 5

G3.01 PAYMENT DUE DATE (DESC OCT 1988) 5

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999) 6

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION 6

(OCT 2003)

G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR 7

REGISTRATION (MAY 1999)

G9.14 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) 8

G17.01 CONTRACTOR'S ACCOUNTING SYSTEM (DESC FEB 1992) 9

G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DESC MAR 1995) 9

G22 DESIGNATION OF THE DEFENSE FUEL REGION (DESC JUL 1997) 9

G40 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) 9

G148.05 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DESC MAR 2006) 9

SECTION H – SPECIAL CONTRACT REQUIREMENT

H11 GUARD SERVICE (DESC MAR 1982) 11

H20 REPORTS OF GOVERNMENT PROPERTY (MAY 1994) 11

H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DESC AUG 1998) 11

SECTION I – CONTRACT CLAUSES

I1 DEFINITIONS (JUL 2004) 11

I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DESC JAN 1996) 12

I1.02 COMPUTER GENERATED FORMS (JAN 1991) 13

I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) 13

ii

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (OCT 2003/NOV 2003) 13

I1.09 SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2006) 15

I1.19 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 15

I1.20 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 15

I1.22 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 15

I1.22-1 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER 16

ACTIVITY (JAN 1997)

I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 16

I2 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 19

I2.06 CHANGES - FIXED-PRICE (ALT II) (AUG 1997/APR 1984) 19

I3 EXTRAS (APR 1984) 19

I3.01 PROMPT PAYMENT (OCT 2003) 19

I4 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 21

I7 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) 22

I8.02 ASSIGNMENT OF CLAIMS (ALTERNATE I) (JAN 1986/APR 1984) 22

I11.01-4 ADMINISTRATIVE COST OF TERMINATION FOR DEFAULT – NONCOMMERCIAL ITEMS OR 22

SERVICES (DESC FEB 2000)

I11.03 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) 23

I11.04 BANKRUPTCY (JUL 1995) 23

I12.01 DISPUTES (JUL 2002) 23

I12.01-1 DISPUTES (ALTERNATE I) (JUL 2002/DEC 1991) 24

I12.03 PROTEST AFTER AWARD (AUG 1996) 25

I15.03 CONVICT LABOR (JUN 2003) 25

I16.01 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION 26

(JUL 2005)

I18 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- 26

RELATED FELONIES (MAR 1999)

I18.02 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 27

I18.03 EQUAL OPPORTUNITY (APR 2002) 27

I18.06 DISPLAY OF DOD HOTLINE POSTER (DEC 1991) 28

I20 COVENANT AGAINST CONTINGENT FEES (APR 1984) 28

I24 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 28

I25 AUTHORIZATION AND CONSENT (JUL 1995) 29

I27 GRATUITIES (APR 1984) 29

I28.16 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) 29

I32.01 CANCELLATION OF ITEMS (DESC OCT 1984) 30

I33 INTEREST (JUN 1996) 30

I36 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) 30

I43.01 LIMITATION OF LIABILITY - SERVICES (FEB 1997) 32

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) 32

I94.01 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS (OCT 1997) 33

I95 AUDIT AND RECORDS – NEGOTIATION (JUN 1999) 33

I96.02 PRICING ADJUSTMENTS (DEC 1991) 34

I97.02 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS (OCT 1997) 34

I98 PROTECTING THE GOVERNMENT'S INTERESTS WHEN SUBCONTRACTING WITH 35

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005)

I100 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005) 35

I102 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT 38

(MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 1989)

I102.01 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PRICE ADJUSTMENT 39

(FEB 2002)

I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX 39

ADJUSTMENT (DESC JUL 1988)

I102.03 DRUG-FREE WORK FORCE (SEP 1988) 40

I102.04 DRUG-FREE WORKPLACE (MAY 2001) 40

I102.05 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 41

I114 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (MAY 2004) 42

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC JUL 2006) 45

I116.01 LIABILITY FOR FUEL SPILLS (DESC OCT 1998) 45

I117 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 45

iii

I119.04.100 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DESC NOV 2006) 45

I121 CUSTODY OF PETROLEUM PRODUCT (DESC APR 1968) 49

I122 USE OF FACILITIES (DESC APR 1984) 49

I122.02 GOVERNMENT SUPPLY SOURCES (ALTERNATE I) (APR 1984) 49

I123 TITLE TO FACILITIES (DESC JUL 1991) 50

I124 LIABILITY FOR THE FACILITIES (JAN 1997) (DEVIATION) 50

I129 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) 51

I131 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 51

I132.02 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) 52

I136 COMPETITION IN SUBCONTRACTING (DEC 1996) 52

I168 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM 52

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

I169 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM 53

ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

I170 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) 53

I171 SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2006) 54

I171.01-4 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND 57

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

I171.03 SMALL, SMALL DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS 58

SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 1996)

I171.07 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) 59

I178 WASTE REDUCTION PROGRAM (AUG 2000) 59

I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DESC MAY 1987) 59

I181 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) 59

I190.03 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS 60

(APR 1993)

I190.05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) 60

I198 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 61

I203 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 61

I209.03 EXTENSION PROVISION (STORAGE) (DESC SEP 1991) 61

I211 ORDERING (OCT 1995) 61

I225 PAYMENTS (APR 1984) 61

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 61

I230 COST CONTRACT - NO FEE (APR 1984) 62

I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS 62

CONCERNS (JUL 2005)

I242 INTEGRITY OF UNIT PRICES (OCT 1997) 62

I251 ANTI-KICKBACK PROCEDURES (JUL 1995) 63

I255 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE 63

INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)

I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE 63

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

I287 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (NOV 2006) 64

I340 COMBATING TRAFFICKING IN PERSONS (APR 2006) 64

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 65

I400 CONTINUITY OF SERVICES (JAN 1991) 65

I400.02 LIMITATION OF COST (APR 1984) 65

I400.03 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) 66

I400.05 CHANGES - COST-REIMBURSEMENT (ALT II) (AUG 1987/APR 1984) 68

I400.06 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) 68

I400.07 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) 68

I400.08 EXCUSABLE DELAYS (APR 1984) 69

I400.09 SUBCONTRACTS (ALTERNATE I) (AUG 1998/JAN 2006) 69

I400.10 INSURANCE - LIABILITY TO THIRD PERSONS (MAR 1996) 70

I400.13 ALLOWABLE COST AND PAYMENT (DEC 2002) 71

I605.01 DISCLOSURE OF INFORMATION (DESC FEB 1992) 73

iv

SECTION J – LIST THE DOCUMENTS LISTED BELOW ARE ATTACHED A OF ATTACHMENTS

FORM TITLE LOCATION

DD1707 INFORMATION TO OFFERORS OR QUOTERS COVER SHEET

SF33 SOLICITATION, OFFER AND AWARD PAGE 1

PERFORMANCE WORK STATEMENT ATTACHMENT 1

DEPARTMENT OF LABOR WAGE DETERMINATION ATTACHMENT 2

#2005-3033 (REV. 2) DTD 09/25/06

#2005-2235 (REV. 3) DTD 03/29/07,

#2005-2035 (REV. 2) DTD 11/06/06,

#2005-2525 (REV. 3) DTD 02/26/07,

#2005-2517 (REV. 3) DTD 03/07/07,

#2005-2307 (REV. 2) DTD 11/29/06

OFFEROR SUBMISSION PACKAGE ATTACHMENT 3

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K1.01-5 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 73

K1.01-6 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 74

K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALTERNATE I) (MAY 2004/APR 2002) 74

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003) 76

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC MAY 1994) 77

K10 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2006) 78

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 78

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 79

K33.01 AUTHORIZED NEGOTIATORS (DESC JAN 1998) 79

K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 79

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 79

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST 80

COUNTRY (OCT 2006)

K88 TAXPAYER IDENTIFICATION (OCT 1998) 80

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 81

K94 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND 81

OTHER RESPONSIBILITY MATTERS (DEC 2001)

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN 82

FEDERAL TRANSACTIONS (SEP 2005)

K99 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (JUN 2003) 83

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 83

L2.01 INSTRUCTIONS TO OFFERORS (RFP) (DESC OCT 1981) 83

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I) 83

(JAN 2004/OCT 1997)

L2.21 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 85

L2.28 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 86

L5 SERVICE OF PROTEST (SEP 2006) 86

L5.01-1 AGENCY PROTESTS (APR 2006) - DLAD 86

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) – DLAD 86

L7 SOCIOECONOMIC PROPOSAL (DESC DEC 2001) 86

L17 AVAILABILITY OF SPECIFICATIONS LISTED IN THE DOD INDEX OF SPECIFICATIONS AND 87

STANDARDS (DODISS) AND DESCRIPTIONS LISTED IN THE ACQUISITION MANAGEMENT

SYSTEMS AND DATA REQUIREMENTS CONTROL LIST, DOD 5010.12-L (JAN 2006)

L18 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 87

L23 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (MAR 1998) 87

L54.01 SITE VISIT (APR 1984) 87

L74 TYPE OF CONTRACT (APR 1984) 87

v

L82 WAGE DETERMINATION (DESC JAN 1986) 88

L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DESC APR 2001) 88

L197 PREPROPOSAL CONFERENCE (DESC MAY 1983) 88

L201.100 INSTRUCTIONS TO OFFERORS (AF GOCOs) (DESC APR 2007) 88

L205 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) 89

SECTION M – EVALUATION FACTORS FOR AWARD

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 89

M100.100 EVALUATION OF OFFERS (AF GOCO TERMINALS) (DESC APR 2007) 89

vi

Solicitation – SP0600-07-R-0513

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B33.01.100 SERVICES TO BE FURNISHED AND PRICES (MULTIYEAR) (AF GOCOs) (DESC APR 2007)

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 0001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facility at the following Air Force facilities in accordance with the Performance Work Statement (PWS), Section C, and all other terms and conditions set forth herein, for the period 1200 hours, December 1, 2007, through 1200 hours, December 1, 2012. This is an “all or none” solicitation.

PLACES OF PERFORMANCE: Hurlburt AFB, FL Eglin AFB, FL Barksdale AFB, LA Dyess AFB, TX Altus AFB, OK Little Rock AFB, AR Whiteman AFB, MO

The offered price per month for performing these services at the eight locations above is: $_________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or COR. The "NOT TO EXCEED" amounts shown below are for Government administrative fund obligation and represent the Government's best estimate of the cost reimbursable supplies, services, and overtime for each contract year. All G&A and profit for the following line items must be included in Line Item 0001.

LINE ITEM 0002: MAINTENANCE AND REPAIR NOT TO EXCEED $250,000.00

(TASK ORDER REQUIRED)

LINE ITEM 0003: EMERGENCY SERVICES NOT TO EXCEED $ 50,000.00

LINE ITEM 0004: OVERTIME NOT TO EXCEED $ 15,480.00

LINE ITEM 0005: EMERGENCY SPILL RESPONSE SERVICES NOT TO EXCEED $250,000.00

(c ) For information purposes only, please show the break-out by location of your monthly price.

Hurlburt AFB, FL ____________________ Eglin AFB, FL ____________________ Barksdale AFB, LA ____________________ Dyess AFB, TX ____________________ Altus AFB, OK ____________________ Little Rock AFB, AR ____________________ Whiteman AFB, MO ____________________

(d) The following rates have been applied to the offered price and shall apply to any changes during the contract.

General and Administrative (G&A) Rate: ______________ Profit Rate: _____________

(DESC 52.207-9F90)

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

(See Attachment 1)

SECTION E – INSPECTION AND ACCEPTANCE

E1.11.100 QUALITY CONTROL PLAN (DESC MAR 2000)

(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.

(b) The QCP shall include the following quality control procedures employed by the Contractor.

(1) Receiving (both product and additives);

(2) Blending;

(3) Storage and handling;

(4) Loading and shipping;

(5) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well. Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard. For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;

(6) Quantity measurement;

(7) Records and reports; and

(8) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks, etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.

(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.

(DESC 52.246-9F32)

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Services, as used in this clause, include services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(FAR 52.246-4)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DESC Americas East, 2920 LaBranch, Avenue, Suite 1005, Houston, TX 77004-1091.

(DESC 52.246-9F35)

E29.01 CONTRACT TURNOVER INSPECTION (DESC MAR 2002)

The outdoing Contractor, during the last 10 working days of the contract, shall permit personnel of the successor Contractor access to all contacted facilities to observe operations. The successor Contractor shall, during the last 96 hours of the expiring contract, be provided assistance by the outgoing Contractor, DESC representatives, and the Contracting Officer’s Representative in accomplishing a joint facilities turnover inspection. The inspection shall provide for a facilities walk-through and property inventory, product sampling and testing, and a complete product inventory. The successor Contractor agrees to protect and not disclose any inadvertently disclosed proprietary information of the outgoing Contractor discovered during the turnover period.

(DESC 52.246-9FF2)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at it’s discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s). A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request;

the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

(DESC 52.246-9FQ5)

E50 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) above shall apply.

(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(FAR 52.246-16)

E200 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984)

(a) DEFINITION. Services, as used in this clause, include services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

(FAR 52.246-5)

SECTION F – DELIVERIES AND PERFORMANCE

F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminals at Hurlburt AFB, FL; Eglin AFB, FL; Barksdale AFB, LA; Dyess AFB, TX; Altus AFB, OK; Little Rock AFB, AR; and Whiteman AFB, MO, in accordance with all terms and conditions set forth herein for the period of 12:00 noon, December 01, 2007, through 12:00 noon, December 01, 2012. (DESC 52.242-9FA5)

SECTION G - CONTRACT ADMINISTRATION DATA

G1 POSTAWARD CONFERENCE (DEC 1991)

The Contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

(DFARS 252.242-7000)

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

(DESC 52.211-9FH5)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday.

(DESC 52.232-9F45)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

(DESC 52.232-9F55)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) METHOD OF PAYMENT.

(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) CONTRACTOR’S EFT INFORMATION. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System.

The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) SUSPENSION OF PAYMENT. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.

The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) of this clause shall apply.

(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT AND ASSIGNMENT OF CLAIMS. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment that the assignee shall register separately in the CCR database and shall by paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(i) PAYMENT INFORMATION. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

(FAR 52.232-33)

G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR

REGISTRATION (MAY 1999)

(a) METHOD OF PAYMENT.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).

(b) MANDATORY SUBMISSION OF CONTRACTOR’S EFT INFORMATION.

(1) The Contractor is required to provide the Government with the information required to make contract payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information no later than 5 days after award. If not otherwise designated in the contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated payment office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System.

The rules governing Federal Payments through the ACH are contained in 31 CFR Part 210.

(d) SUSPENSION OF PAYMENT.

(1) The Government is not required to make any payment until after receipt, by the designated office, of the correct EFT information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of any delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the…