SP0600-07-R-0530RFPKadena.pdf

INFORMATION TO OFFERORS OR QUOTERS Form Approved OMB No. 9000-0002 SECTION A – COVER SHEET 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-0530

2. (X one)

a. INVITATION FOR BID (IFB)

b. REQUEST FOR PROPOSAL (RFP)

c. REQUEST FOR QUOTATION (RFQ)

3. DATE/TIME RESPONSE DUE

June 25, 2007, NO LATER THAN 3:00 PM

EST

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)

DEFENSE ENERGY SUPPORT CENTER

DD FORM 1707, FEB 2002 PREVIOUS EDITION IS OBSOLETE.

8725 JOHN J. KINGMAN RD, SUITE 2945

FT. 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 facility at Kadena Air Base, Japan. Period of performance: 1200 hours, October 1, 2007 through 1200 hours, October 1, 2012.

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

a. THIS PROCUREMENT IS UNRESTRICTED.

b. THIS PROCUREMENT IS % 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 at Misawa AB, Japan for both locations (Misawa and Kadena *). Individual site visits will be held at each location (*See Clause L197.100 for dates). Interested parties MUST submit names and phone numbers of attendees to Sean Turner via email NLT May 11, 2007.

Technical questions should also be submitted in writing NLT June 25, 2007. For prime contractors interested in this solicitation, attendance is considered mandatory. In order to offer, the company or its agent(s) must attend the preproposal conference and site visit of the location you're bidding on.

(continued on page 2)

8. POINT OF CONTACT FOR INFORMATION

a. NAME (Last, First, Middle Initial)

TURNER, SEAN L.

b. ADDRESS (Include ZIP Code) ATTN: Sean L. Turner/DESC-FPC

FAX PROPOSALS TO: (703) 767-0766

DEFENSE ENERGY SUPPORT CENTER PPN: 6.1

c. TELEPHONE NUMBER d. E-MAIL ADDRESS (Include Area Code and Extension)

(703) 767-9345 sean.turner@dla.mil

8725 JOHN J. KINGMAN RD., Suite 2945

FT. BELVOIR, VA 22060-6222

VERIFICATION #: (703) 767-9350

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

a. CANNOT COMPLY WITH SPECIFICATIONS d. DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

b. UNABLE TO IDENTIFY THE ITEMS(S) e. OTHER

c. CANNOT MEET DELIVERY REQUIREMENT

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-R-07-0530

GOCO Services – Kadena AB, Japan

DD1707 (Continuation)

B. Your offer must be received no later than 3:00 P.M. EST, on June 25, 2007. Facsimile proposals are authorized (See Clause L2.11-2). Note: All facsimile proposals must be faxed to following number (703) 767-0766. Offerors are cautioned to allow enough time for the complete proposal to be received keeping in mind that other offerors may be faxing also. Signed copies of Submission Package must be received by DESC within ten (10) days after the solicitation closing date. 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 (including Past Performance) submissions as described in Clause L201.100. 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 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.

C. 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.

D. 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.

E. IMPORTANT NOTICE: All contractors must be registered in the Central Contractor Registration (CCR) database. Lack of registration in the CCR will make an offeror ineligible for award as described in Clause I1.07. Commercial and Government Entity Code (CAGE Code): (a) The offeror is requested to enter its CAGE on its offer in the block with its name and address. The CAGE code must be for that name and address. (b) If the offeror does not have a CAGE code, it may go on line to the CCR www.ccr.gov (c) Do not delay submission of the offer pending receipt of a CAGE code.

F. Notice: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

G. The Government intends to evaluate proposals and award a contract after written or oral discussion with all responsible offerors that submit proposals within the competitive range (see Clause L2.05-8). The source selection decision will be based on a combination of the technical proposal, past performance and price (see Clause M100.100).

H. The following clauses are specifically applicable to the cost reimbursement portions of the solicitation:

E200, 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 to relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

J. Offerors must include the DUNS number in the block with name and address on the cover page of offer (See Clause K1.06).

K. DESC-FPC IS THE DESIGNATED OFFICE FOR RECEIPT OF OFFERS. OFFERERS shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED UNDER

SOLICITATION SP0600-07-R-0522".

SP0600-R-07-0530

GOCO Services – Kadena AB, Japan

The following is the address used for the sealed offers in original and one (1) copy of the Offeror Submission Package and an original and two (2) copies of the Technical/Management Data and Past Performance for a total of four (4) offering the services for US Post Office and US Post Office Express Mail offers only:

ATTN: DESC-FPC Bid Custodian Rm. 2945 Defense Energy Support Center

8725 John J. Kingman Road Suite 2950 Fort Belvoir, VA 22060-6222

Point Of Contact is Ms. Debbie Lloyd at (703)-767-9350 for verification of receipt.

(Do not contact the procurement official issuing the solicitation for verification of receipt.)

By June 25, 2007 at 3:00 PM Eastern Standard Time, Fort Belvoir, Virginia, USA

The following is the address used for the sealed offers in original and one (1) copy of the Offeror Submission Package and an original and two (2) copies of the Technical/Management Data and Past Performance for a total of four (4) offering the services for Hand carried Offers/Currier Delivery Service to be timely, (Clause L203), offers must be receive at the following proper address:

ATTN: DESC-FPC Bid Custodian Rm. 2945 Ms. Debbie Lloyd/Telephone 703-767-9350

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN ROAD, Suite 2945

FORT BELVOIR, VA 22060-6222

By

June 25, 2007 at 3:00 PM Eastern Standard Time, Fort Belvoir, Virginia, USA

L. For after hours emergencies (after 1730 hours), please contact the DESC Contingency Plans & Operations (DESC-DL) at 703-767-8370.

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

UNDER DPAS (15 CFR 350)

RATING PAGE OF PAGES

1 | 98

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

3. SOLICITAION NO.

SP0600-07-R-0530

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

Apr 10, 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 Road, Suite 2945 Ft. Belvoir, VA 22060-6222 PP: 6.1 Buyer/Symbol: Sean L. Turner/DESC-FPC Phone: (703) 767-9345 Fax: 767-9338 Email:

ATTN: DESC-FP, RM 2945

Defense Energy Support Center 8725 John J. Kingman Road, Suite 2945 Fort. Belvoir, VA 22060-6222

FAX: 703-767-0766

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-FP: Room 2945 until 3:00 PM local time June 25, 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

SEAN L. TURNER

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

(703) 767-9345

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 24-81

X B SUPPLIES OR SERVICE AND PRICES/COSTS 7 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT 7 X J LIST OF ATTACHMENTS 82

D PACKAGING AND MARKETING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8-10 X K REPRESENTATIONS, CERTIFICATIONS, AND 83-90

X F DELIVERIES OR PERFORMANCE 12 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION 13-21 X L INSTRS., COND., AND NOTICES TO OFFERORS 91-97

X H SPECIAL CONTRACT REQUIREMENTS 21-22 X M EVALUATION FACTORS FOR AWARD 98

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 197 calendar days (60 calendar days unless a different period is inseted 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. Address of Offeror CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED Name of Offeror

TO SIGN OFFER (Type or print)

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

GOCO Services – Kadena Air Base, Japan

SECTION B – SUPPLIES/SERVICES AND PRICE/COST

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

(DESC APR 2007)

SECTION C – DESCRIPTIONS/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SECTION E – INSPECTION AND ACCEPTANCE

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF

SERVICES (DESC AUG 1981)

E1.11-1 ....................... QUALITY CONTROL PLAN (GOCO) (AIR FORCE) (DESC APR 2007)

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

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

E29.01 CONTRACT TURNOVER INSPECTION (DESC MAR 2002)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

E50 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

SECTION F – DELIVERIES OR PERFORMANCE

F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997) ..12

SECTION G- CONTRACT ADMINISTRATION DATA

G1 POSTAWARD CONFERENCE (DEC 1991)

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

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

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DESC MAR 2003)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

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

CONTRACTOR REGISTRATION (MAY 1999)

G9.14 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

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

G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DESC MAR 1995)

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

G40 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

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

G150.02.............................................. COURIER DELIVERY OF INVOICES (DESC MAR 2005)

G150.03.......ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DESC OCT

1998)

G162.100 EXCHANGE RATES - ADJUSTMENT FOR FLUCTUATION (KOREA) (DESC APR

2007)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H11 GUARD SERVICE (DESC MAR 1982)

H20 REPORTS OF GOVERNMENT PROPERTY (MAY 1994)

H20.03 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA –SUBMISSION AFTER AWARD (DEC 2006)

H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(DESC AUG 1998)

SECTION I – CONTRACT CLAUSES

I1 DEFINITIONS (JUL 2004

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

I1.02 COMPUTER GENERATED FORMS (JAN 1991)

I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

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

2003)

I1.09 SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2006)

I1.19 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I1.20 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

1997)

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

IMPROPER ACTIVITY (JAN 1997)

I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

I2 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

I2.01 CHANGES - FIXED-PRICE (ALT I) (AUG 1987/APR 1984)

I3 EXTRAS (APR 1984)

I3.01 PROMPT PAYMENT (OCT 2003)

I4 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

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

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

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

I11.04 BANKRUPTCY (JUL 1995)

I12.01 DISPUTES (JUL 2002)

I12.02 CHOICE OF LAW (OVERSEAS) (JUN 1997)

I12.03 PROTEST AFTER AWARD (AUG 1996)

I15.03 CONVICT LABOR (JUN 2003)

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

COMPENSATION (JUL 2005)

I18 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (MAR 1999)

I18.02 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I18.03 EQUAL OPPORTUNITY (APR 2002)

I20 COVENANT AGAINST CONTINGENT FEES (APR 1984)

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

I25 AUTHORIZATION AND CONSENT (JUL 1995)

I28.21 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

I32.01 CANCELLATION OF ITEMS (DESC OCT 1984)

I33 INTEREST (JUN 1996)

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

(MAY 2004)

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

I72 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS

(ALTERNATES I/II) (FEB 2006/APR 2003/FEB 2006)

I72.06 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

I94.01 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -

MODIFICATIONS (OCT 1997)

I95 AUDIT AND RECORDS – NEGOTIATION (JUN 1999)

I96.02 PRICING ADJUSTMENTS (DEC 1991)

I96.04 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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

I98 PROTECTING THE GOVERNMENT'S INTERESTS WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JAN 2005)

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

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC

JUL 2006)

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

I117 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

(APR 1984)

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

2006)

(DESC 52.245-9F30)

I121 CUSTODY OF PETROLEUM PRODUCT (DESC APR 1968)

I122 USE OF FACILITIES (DESC APR 1984)

I123 TITLE TO FACILITIES (DESC JUL 1991)

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

I129 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

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

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

I136 COMPETITION IN SUBCONTRACTING (DEC 1996)

I147 DEMURRAGE (DESC NOV 1989)

I176 COST ACCOUNTING STANDARDS (APR 1998)

I176.05 ................... ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 2005)

I178 WASTE REDUCTION PROGRAM (AUG 2000)

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

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

MATERIALS (APR 1993)

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

I198 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

I203 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

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

I211 ORDERING (OCT 1995)

I225 PAYMENTS (APR 1984)

I227 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL

1995)

I230 COST CONTRACT - NO FEE (APR 1984)

I242 INTEGRITY OF UNIT PRICES (OCT 1997)

I251 ANTI-KICKBACK PROCEDURES (JUL 1995)

I255 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION

UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV

1995)

I257 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

I270 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984)...69

I271 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS

(APR 1984)

I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY

THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

I285.01ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (MAR 2006)

I287 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (NOV

2006)

I341 COMBATING TRAFFICKING IN PERSONS (OCT 2006)

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

I400 CONTINUITY OF SERVICES (JAN 1991)

I400.02 .................................................................................. LIMITATION OF COST (APR 1984)

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

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

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

I400.08 ....................................................................................EXCUSABLE DELAYS (APR 1984)

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

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

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

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

SECTION J – THE DOCUMENTS LISTED BELOW ARE ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

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

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC MAY 1994)

K7 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2000) 84

K15 RELEASE OF UNIT PRICES (DESC MAR 2004)

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

K33.01 AUTHORIZED NEGOTIATORS (DESC JAN 1998)

K45 FACSIMILE INVOICING (COCO/GOCO) (DESC SEP 1988)

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (OCT 2006)

K86 FOREIGN TAXES (DESC JUN 1987)

K88 TAXPAYER IDENTIFICATION (OCT 1998)

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

K94 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2005)

K99 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (JUN 2003)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS .91

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991)

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

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

(JAN 2004/OCT 1997)

L2.11-2.............................................................................. FACSIMILE PROPOSALS (OCT 1997)

L2.11-4.......................................................................... E-MAIL PROPOSALS (DESC APR 2005)

L2.21 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

L5 SERVICE OF PROTEST (SEP 2006)

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

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN

2001) – DLAD

L17 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)

L18 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB

1999)

L23 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS

(MAR 1998)

L54.01 SITE VISIT (APR 1984)

L74 TYPE OF CONTRACT (APR 1984)

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

L197.100 PREPROPOSAL CONFERENCE (DESC APR 2007)

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

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

1999)

SECTION M – EVALUATION FACTORS FOR AWARD

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

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

SECTION B – SUPPLIES/SERVICES AND PRICE/COST

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 Kadena Air Base, Japan in accordance with the Performance Work Statement (PWS), Section C, and all other terms and conditions set forth herein, for the period 1200 hours, October 1, 2007, through 1200 hours, October 1, 2012

The offered price per month for performing these services is: $______________________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish non-personal 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 $100,000.00

(TASK ORDER REQUIRED)

LINE ITEM 0003: EMERGENCY SERVICES NOT TO EXCEED $20,000.00

LINE ITEM 0004: OVERTIME NOT TO EXCEED $8,200.00

LINE ITEM 0005: EMERGENCY SPILL RESPONSE SERVICES NOT TO EXCEED $100,000.00

(c) 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 – DESCRIPTIONS/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

(See Attachment 1 for full text of the PERFORMANCE WORK STATEMENT.)

(PAGE LEFT BLANK INTENTIONALLY)

SECTION E – INSPECTION AND ACCEPTANCE

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DESC

AUG 1981)

If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

(DESC 52.246-9FE5)

E1.11-1 QUALITY CONTROL PLAN (GOCO) (AIR FORCE) (DESC APR 2007)

(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 52.246-9F31)

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

(a) DEFINITION. Services, as used in this clause, includes 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 Defense Energy Support Center – Mid Pacific.

(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, includes 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 OR PERFORMANCE

F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminal at Anderson Air Force Base in accordance with all terms and conditions set forth herein for the period of 12:00 noon, 01 October 2007 through 12:00 noon, 01 October 2012.

(DESC 52.242-9FA5)

SECTION G- CONTRACT ADMINISTRATION DATA

G1 POSTAWARD CONFERENCE (DEC 1991)

The Contractor agrees to attend any post-award 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)

THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR DOMESTIC AND FOREIGN

SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE WHEN

THE RECEIVING BANK IS LOCATED IN THE UNITED STATES .

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE

(DESC MAR 2003)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

OR

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE: ______________________________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this clause shall control.

(DESC 52.232-9FJ1)

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…