SP0600-07-R-0544FarEast.pdf

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 84

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

SP0600-07-R-0544

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ x ] NEGOTIATED (RFP)

5. DATE ISSUED

REQUISITION/PURCHASE NUMBER

SP0600-08-0004Amd. Basic

7. ISSUED BY CODE SC0600 8. ADDRESS OFFER TO (If other than item 7) Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 PP: 6.2 Buyer/Symbol: Sean L. Turner/DESC-FPC Phone: 703-767-9345 Fax: 703-767-9338/sean.turner@dla.mil

ATTN: BID CUSTODIAN, DESC-FPA, RM. 2945

Defense Energy Support Center 8725 John J Kingman Road, Suite 4950 Ft. Belvoir, Alexandria, VA 22060-6222 Fax: 703-767-9338 Verification: 703-767-9350

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 specified in Item 8, or if handcarried, in the depository located in DESC-FPC; Room 2945 until 3:00 PM local time December 21, 2007 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. See Clause L2.05-8

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION Sean L. Turner AREA CODE NUMBER EXT. Sean.turner@dla.mil

CALL: 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 26-61

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

OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT 2-3 X J LIST OF ATTACHMENTS 61

D PACKAGING AND MARKETING PART IV-REPRESENTATIONS & INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 4-12 X K REPRESENTATIONS, CERTIFICATIONS, 61-75

X F DELIVERIES OR PERFORMANCE 12-19 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION 19-26 X L INSTRS., COND., AND NOTICES TO OFFERORS 75-83

X H SPECIAL CONTRACT REQUIREMENTS 26 X M EVALUATION FACTORS FOR AWARD 83-84

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 * 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. * See Clause L1.02

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 AND

ADDRESS OF

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

OFFEROR

15B TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. [ ] DIFFERENT FROM ABOVE – ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 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

IN BLOCK 25 (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED 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

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

1,200,000 BBLS of JP8

Far East

CLAUSE NO. CLAUSE TITLE PAGE (S)

SECTION B – SUPPLIES/SERVICES AND PRICE/COST

B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991) 2

SECTION C – DESCRIPTION/SPECIFICATIONS

C19.01 SECURITY AND FIRE PROTECTION (DESC AUG 1988) 2-3

C19.04 REMOVAL OF WATER BOTTOMS (DESC FEB 1998) 3

C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DESC OCT 2001) 3

SECTION E – INSPECTION AND ACCEPTANCE

E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DESC AUG 1981) 4

E1.11 QUALITY CONTROL PLAN (DESC MAR 2000) 4

E5 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996) 4-5

E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) 5-6

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DESC NOV 2003) 6-7

E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC APR 2006) 7-10

E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DESC OCT 2002) 10-11

E34 TEST FOR SULFIDES IN WATER (DESC MAY 1987) 11

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 11-12

E36 INSPECTION (STORAGE) (DESC FEB 1970) 12

SECTION F – DELIVERIES OR PERFORMANCE

F1.04 GENERAL RECEIVING AND STORING CONDITIONS (DESC OCT 1997) 12-14

F1.05 GENERAL SHIPPING CONDITIONS (DESC OCT 1997) 14-16

F1.14 DETERMINATION OF QUANTITY (STORAGE) (DESC NOV 1997) 16-17

F45.01 OPERATION OF CONDUCTIVITY ADDITIVE SYSTEM (DESC OCT 1998) 17

F45.03 OPERATION OF FUEL SYSTEM ICING INHIBITOR ADDITIVE SYSTEM (COCO) (DESC OCT 2004) 17-18

F45.04 OPERATION OF CORROSION INHIBITOR ADDITIVE SYSTEM (DESC JUL 1992) 18-19

F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DESC DEC 1991) 19

F107 STOP-WORK ORDER (AUG 1989) 19

SECTION G- CONTRACT ADMINISTRATION DATA

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 19

G3.01 PAYMENT DUE DATE (DESC OCT 1988) 19

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999) 19-20

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

2003) 20-22

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

22-23

G9.14 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) 23

G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DESC MAR 1995) 23

G22 DESIGNATION OF THE DEFENSE FUEL REGION (DESC JUL 1997) 23

G148.05 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DESC APR 2007) 24-25

G150.03 ELECTRONIC SUBMISSION OF INVOICES FOR PAYMENT (EDI) (DESC OCT 1998) 25

G150.11 SUBMISSION OF INVOICES BY FACSIMILE (DESC APR 2006) 25-26

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H19.01 REPORTING AND CONTAINING OIL SPILLS (OVERSEAS STORAGE) (DESC JAN 1982) 26

SECTION I – CONTRACT CLAUSES

I1 DEFINITIONS (JUL 2004) 26-27

I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DESC JAN 1996) 27-28

I1.03-1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2007) 28-30

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (MAR 2007)

30-33

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (OCT 2003/NOV 2003) 33-34

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003) 34-35

I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005) 35-38

I2.06 CHANGES – FIXED PRICE (ALT II) (AUG 1997/APR 1984) 38

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DESC FEB 1996) 38

I12.01-1 DISPUTES (ALTERNATE I) (JUL 2002/DEC 1991) 38-39

I12.02 CHOICE OF LAW (OVERSEAS) (JUNE 1997) 39

I18.03 EQUAL OPPORTUNITY (MAR 2007) 39-40

I25 AUTHORIZATION AND CONSENT (JUL 1995) 40-41

I27 GRATUITIES (APR 1984) 41

I28.21 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN 2003) 41-42

I32 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997) 42-43

I33 INTEREST (JUN 1996) 43

I36 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) 43-45

I43.01 LIMITATION OF LIABILITY –SERVICES (FEB 1997) 45

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) 45

I102.04 DRUG FREE WORKPLACE (MAY 2001) 46

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC JUL 2006) 46-47

I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DESC NOV 2006) 47-51

I132.02 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) 51

I147 DEMURRAGE (DESC NOV 1989) 51

I168 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

51-52

I169 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

52-53

171.07 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) 53

I176.03 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1998) 53-54

I176.05 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 2005) 54-58

I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DESC MAY 1987) 58

I198 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 58

I209.01 OPTION TO RENEW (SERVICES) (DESC APR 1997) 58

I209.03 EXTENSION PROVISION (STORAGE) (DESC SEP 1991) 58

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 58-58

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

(JUL 2005)

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

OF A TERRORIST COUNTRY (DEC 2006)

I340 COMBATING TRAFFICKING IN PERSONS (APR 2006) 60-61

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 61

SECTION J – THE DOCUMENTS LISTED BELOW ARE ATTACHMENTS

SF33 SOLICITATION, OFFER AND AWARD PAGE 1

OFFEROR SUBMISSION PACKAGE ATTACHMENT 1

PERFORMANCE WORK STATEMENT ATTACHMENT 2

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

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTERNATES I/II)

(SEP 2006/APR 2002/OCT 2000)

61-68

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JUN 2005) 68

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003) 69

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 69-70

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 70

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 70

K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 70

K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998) 70-71

K45.02 ELECTRONIC INVOICING (EDI) (DESC DEC 1994) 71

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 71

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

(OCT 2006)

71-72

K86 FOREIGN TAXES (DESC JUN 1987) 72

K88 TAXPAYER IDENTIFICATION (OCT 1998) 72-73

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 73

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

RESPONSIBILITY MATTERS (DEC 2001)

73-74

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

74-75

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

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 75

L2.01-3 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE SUBMISSION

(OVERSEAS) (DESC JUL 2001)

L205 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2006) 76-78

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I) (JAN 2004/OCT 1997) 78-80

L2.11-3 FACSIMILE PROPOSALS - COMMERCIAL ITEMS (DESC NOV 1999) 80-81

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 81

L5 SERVICE OF PROTEST (SEP 2006) 81

L5.01-1 AGENCY PROTESTS (APR 2006) - DLAD 81

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) – DLAD 82

L74 TYPE OF CONTRACT (APR 1984) 82

L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DESC APR 2001) 82

L116.01 DATA REQUIREMENTS (STORAGE) (DESC NOV 2003) 82

L201.02 INSTRUCTIONS TO OFFERORS (COCO) (DESC MAY 1997) 82-83

L205 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) 83

SECTION M – EVALUATION FACTORS FOR AWARD

M2.13 EVALUATION OF OFFERS (MULTIYEAR COCO STORAGE) (DESC DEC 1996) 83

M43.03 EVALUATION OF OPTIONS (COCO) (DESC MAY 1999) 83

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 84

SECTION B – SUPPLIES/SERVICES AND PRICE/COST

B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991)

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

CONTRACT LINE ITEM 1001 (MUCC):

The services and facilities to be provided during the performance of this contract and the prices are as follows:

Performance Period: 1 February 2008 through 31 January 2013.

Use Charge per Tank per Month (Prorated for part SHELL FILL months) includes initial CAPACITY CAPACITY fill and final shipment

TANK NO. TYPE BARRELS BARRELS PRICE

CONTRACT LINE ITEM 1001AA (EXTP):

Excess Throughput: In excess of______________ of throughput per year (or prorated part thereof for any partial year), the Contractor will be reimbursed $__________ (for the entire contract period) per barrel. Throughput is defined as receipts plus issues divided by two. (2)

CONTRACT LINE ITEM 1002 (FILT): The Contractor shall provide a filtration system that meets the specifications outlined in the current API publication 1581, Specifications and Qualification Procedures – Aviation Jet Fuel Filter Separator. The capability must exist to filter JP8 fuel during tank to tank transfers.

CONTRACT SUBLINE ITEM 1003 (PFSI): The Government will normally purchase and provide Fuel System Icing Inhibitor (FSII). In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (SEE CLAUSE F45.03). The Contractor will be reimbursed $__________per barrel for injecting FSII additive.

CONTRACT LINE ITEM 1004 (PFCA): The Government will normally purchase and provide Conductivity Additive (CA). In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (SEE CLAUSE F45.01). The Contractor will be reimbursed $__________per barrel for injecting CA additive.

CONTRACT SUBLINE ITEM 1005 (PFCI): The Government will normally purchase and provide Fuel System Icing Inhibitor (FSII).

In those cases where the Contractor is required to purchase the additive, the Government will reimburse the Contractor for direct out-of-pocket costs incurred in acquiring such additive (SEE CLAUSE F45.04). The Contractor will be reimbursed $__________per barrel for injecting CI additive.

SECTION C – DESCRIPTION/SPECIFICATIONS

C19.01 SECURITY AND FIRE PROTECTION (DESC AUG 1988)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access. The fence shall be fitted with gates that may be padlocked when not in use.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conduct of terminal operation, will be in use.

(d) A water supply and fire fighting equipment conforming to National Fire Protection Association and American Petroleum Institute standards will be maintained. At locations outside the United States, other standards may be used with prior approval of the Contracting Officer.

(e) In the event of an emergency at a CONUS COCO terminal, the Contractor shall seek the assistance of the following as appropriate: local ambulance service; local fire department; local, county, and State police; regional office of the Federal Bureau of Investigation; Secret Service; U.S. Marshal's Service; and the Federal Emergency Management Agency.

(DESC 52.211-9FL1)

C19.04 REMOVAL OF WATER BOTTOMS (DESC FEB 1998)

Storage tanks for DESC use shall be equipped with positive water sumps for removal of all water bottoms. All storage tanks shall be drained of water a minimum of once each week and whenever storage tank gauging indicates water is present. (Weekly water drainage is necessary because the datum plate may not necessarily be the low point in the storage tank. Water could possibly accumulate below the datum plate and not show up in the gauging process.) Additionally, all storage tanks shall be drained of water prior to any transfer of fuel and after a minimum of 4 hours or maximum of 24 hours settling time following each product receipt. Storage tanks equipped with floating roofs shall be gauged for water after each rain and drained if water is found present. Product and water levels shall be gauged before and after the draining of water. Water gauges of each storage tank shall be taken and recorded each time it is gauged for product. (Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s). This system shall have the capability to return separated product back into the same storage tank.)

(DESC 52.211-9FM1)

C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DESC OCT 2001)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests. The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) clause.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

(DESC 52.211-9FL5)

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 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) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

(7) 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;

(8) Quantity measurement;

(9) Records and reports; and

(10) 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 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

(a) DEFINITION. Supplies, as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government, for acceptance, only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test 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. Except as otherwise provided in the contract, the Government shall bear the expense of

Government inspections or tests made at other than the Contractor's or subcontractor's premises; PROVIDED, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; PROVIDED, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(FAR 52.246-2)

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)

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DESC NOV 2003)

(a) The Contractor shall maintain and make available upon request the following historical data relative to each storage tank provided:

(1) Date and type of construction;

(2) Name of installing contractor;

(3) Product service (past and present) and dates;

(4) Date of last cleaning/physical entry inspection and contractor's name;

(5) Structural condition based on cycle inspection at the time of cleaning or repair;

(6) Record or tank repairs;

(7) Tank dimensions and capacity;

(8) Inspection and tank cleaning frequency (date of next mandatory inspection, when tank out of service, required);

(9) Tank coating history;

(10) Tank strapping charts;

(11) As built drawings (if available); and

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage.

Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned.

Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

(i) Every 4 years for uncoated storage tanks without an inlet-filter separator;

(ii) Every 6 years for either a coated tank without an inlet filter separator, or for an uncoated tank with an inlet-filter separator; and

(iii) Every 8 years for coated tanks with an inlet-filter separator.

(iv) For storage tanks with direct receipt of fuel from barge or tanker, the frequency for physical entry inspection and cleaning will be 3, 5, and 8 years for (i), (ii), and (iii) above, respectively.

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a build up of sediment in the tanks.

(2) GROUND AND MARINE FUEL STORAGE TANKS. Tanks will be emptied, cleaned, and inspected when sample analysis indicates a build up of sediment in the storage tanks.

(c) The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with DESC at the time of the last cleaning.

(d) Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed in (b)(1) above and the Government is shown to be at fault, then the Government will be responsible for cleaning, sampling, and testing costs.

In all other cases, tanks requiring cleaning will be removed from revenue and cleaned at the Contractor's expense.

(e) At the time of offer submission, the offeror shall provide the Contracting Officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (see chart below). This listing shall include the tank number, location, reason for being out of service, dates the tank will be out of service and provisions that have been made to replace the tankage while it is out of service. Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.

Tank Number Location Reason Dates Replacement Tankage

(DESC 52.246-9FF1)

E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC APR 2006)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DESC contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this clause shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DESC Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DESC Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Djibouti 400 Laos 3501 Saudi Arabia 400

Africa 2002 Egypt 400 Lebanon 400 Seychelles Is. 400 Alaska 320 Eritrea 400 Madagascar 200 Singapore 3501 Antarctica 310 Ethiopia 400 Malaysia 3501 Somalia 400 Armenia 200 Europe (Continental) 200 Maldives 3501 South America 111 Ascension Island 111 Georgia 200 Malta 200 South Korea 330 Australia 3501 Greenland 200 Mauritius 200 Sri Lanka 3501 Azerbaijan 200 Hawaiian Islands 310 Mexico 111 Sudan 400 Azores 200 Hong Kong 330 Midway Island 310 Syria 400 Bahrain 400 Iceland 200 Mongolia 330 Taiwan 3501 Bangladesh 3501 India 3501 Myanmar 3501 Tajikistan 400 Bermuda 111 Indonesia 3501 Nepal 3501 Thailand 3501 Bhutan 3501 Ireland 200 New Zealand 3501 Turkey 200 Brunei 3501 Iran 400 North Korea 330 Turkmenistan 400 Cambodia 3501 Iraq 400 Oman 400 United Arab Canada 110 Israel 200 Pacific Islands Emirates 400 Canary Island 200 Japan 340 (Central & South) 310 United Kingdom 200 Caribbean Islands 111 Johnston Atoll 310 Pakistan 400 Uzbekistan 400 Central America 111 Jordan 400 Papua New Guinea 3501 Vietnam 3501 Chagos Archipelago 300 Kazakhstan 400 Philippines 3501 Wake Island 310 China 330 Kenya 400 Qatar 400 Yemen 400 Comoros 200 Kuwait 400 Ryukus Islands, Japan 340 Cyprus 200 Kyrgyzstan 400 Russia 200

[1] A copy of all documentation related to the inspection of product shipments by DESC Singapore should also be sent to Code 300, DESC Pacific.

[2] Except for those countries specifically assigned to DESC Middle East in the above list, all other countries in Africa fall under DESC Europe.

(c) INSPECTION OFFICES AND CODES.

110. DESC Americas East 3 Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883

FAX: (713) 718-3891

111. DESC Americas East (Homestead) 360 Coral Sea Blvd.

Homestead AFB, FL 33039-1299 Phone: (305) 258-7454/55/56

FAX: (305) 258-7761

120. DESC Americas West 3 3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2800

FAX: (310) 241-2836

200. DESC Europe 3 ATTN: Quality Manager CMR 443, Box 5000

APO AE 09096-5000

[Location: Wiesbaden, Germany] Phone: 49-611-380-7541/7155 4

FAX: 49-611-380-7030 4

300. DESC Pacific 3, 5

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307

FAX: (808) 473-4232

310. DESC Middle Pacific 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4287

FAX: (808) 473-4232

320. DESC Alaska 10480 22nd Street Elmendorf AFB, AK 99506-2500 Phone: (907) 552-3949

FAX: (907) 753-0517

330. DESC Korea Mailing Address:

Defense Energy Support Center Korea Unit #15015, Building S-348

APO AP 96218-0171

Shipping Address:

Defense Energy Support Center Korea Unit #15015, Building S-348 Camp Walker, Taegu, South Korea 96218-0171 Phone: 82-505-764-5842 4

FAX: 82-505-764-5844 4

340. DESC Japan Yokota Building 714, Room 211/B-18 Unit 5266

APO AP 96328-5266

[Location: Yokota AB, Japan] Phone: 82-505-764-5842 4

FAX: 82-505-764-5844 4

350. DESC Singapore Mailing Address:

Defense Energy Support Center Singapore c/o NRCC Singapore PSC 470, Box 2100

FPO AP 96534-2100

Phone: 65-6750-2070/2013 4

FAX: 65-6750-2080/2635 4

Shipping Address:

Defense Energy Support Center Singapore NRCC Singapore PSA Sembawang Terminal Deptford Road Building 7-4 Singapore 759657

400. DESC Middle East 3

PSC 451, Box DESC-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain] Phone: 973-17-85-4658 4

FAX: 973-17-85-4670 4

[3] Designated location of the DESC Regional Quality Manager/Pre-Award Survey Monitor.

[4] Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

[5] The DESC Regional Quality Manager/Pre-Award Survey Monitor for inspection offices 300, 310, 320, 330, 340, and 350.

(DESC 52.246-9F40)

E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DESC OCT 2002)

(a) Inspection and tests by the Government of services, facilities, and equipment specified within this contract does not relieve the Contractor from responsibility to meet all requirements of the contract.

(b) The Contractor shall furnish personnel, facilities, and equipment on-site to accomplish the following routine tests and procedures. These on-site resources may be provided by Contractor personnel or by a commercial source action on behalf of the Contractor.

The Quality Representative will not be responsible for performing any of these services for the Contractor.

(1) Sampling of storage tanks, shipments and receipts in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1);

(2) Retaining of product composite samples from shipments and receipts as follows:

MINIMUM

METHOD OF SHIPMENT MINIMUM QUANTITY RETENTION PERIOD

Pipeline 20 liters 60 days

Tanker/Barge Parcel Composite 20 liters 90 days Each compartment 0.5 liters 90 days

Navy Fleet Oilers/Vessels 10 liters 60 days

Tank Truck/Car 1 liter 15 days

NOTE: After the minimum retention period, samples shall be tested for Appearance, Color (Visual), API Gravity/Density and Flash Point and, if found to be on-specification, shall be returned to like Government stock on-site. Sample containers may be reused if properly cleaned.

(3) Determining the presence of water in storage tanks, shipments and receipts. Ensure that accurate water cuts are obtained by means of a water indicating paste conforming to MIL-W-83779B. Two suggested sources are Stewart Hall Chemical Testmaster Water Indicating Paste or Sartomer Sar Gel Water Indicating Paste (see Note 2 below);

(4) Determining Density at 15 degrees Celsius or API gravity of products by ASTM D 1298 or ASTM D 4052 (see Note 2 below);

(5) Determining the temperature of products by the API MPMS, Chapter 7 (see Note 2 below);

(6) Determining the Appearance of applicable products using ASTM D 4176, Procedure 1 (see Note 2 below);

(7) Determining the visual color of products.

(8) Determining the Flash Point of applicable products using test methods cited in the appropriate product specification (see Note 2 below);

(9) Conversion of gross to net gallonage (liters);

(10) Determining the percentage (volume) of fuel system icing inhibitor (FSII) by means of a portable refractometer in accordance with ASTM D 5006. One suggested source is H.B. Industries, Inc., Glenview, IL 60025 (B/2 Anti-Icing Additive test kit) (see Note 2 below); and

(11) Determining the range of fuel electrical conductivity using ASTM D 2624. One suggested source for a conductivity meter is Emcee Electronics, Inc., Sarasota, FL 33581 (Model 1152) (see Note 2 below).

Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge. The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the attachment to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING. Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) clause.

Note 2: Upon request, the Contractor shall permit the Quality Representative unrestricted use of the equipment and ancillary supplies needed to perform this test/procedure on behalf of the Government.

(c) During the contract, the Contractor shall furnish representative samples of the product in each storage tank, shipment or receipt at the request of, and in the manner and to the place designated by, the Quality Representative. Sample size will be 2 gallons for gasoline-type fuels and one gallon or 10 gallons for jet diesel-type fuels. The number of samples to be furnished during any 12-month period shall not exceed eight times the number of tanks specified in the contract. Such samples shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor. Sample containers shall be epoxy coated on the interior. This requirement is in addition to sampling required elsewhere in this clause and the contract. All reasonable direct shipping costs associated with samples required by this paragraph shall be reimbursed upon request from the Contractor and such costs shall not be included in the monthly service charge. However, all other costs related to this requirement shall be included as part of the monthly service charge.

(DESC 52.246-9FE1)

E34 TEST FOR SULFIDES IN WATER (DESC MAY 1987)

(a) SCOPE. This method describes a procedure for determining the presence of hydrogen sulfide, which is sometimes formed as a result of bacterial action on the sulfates contained in water bottoms in fuel storage tanks.

(b) APPARATUS. 250 ml conical flask.

(c) MATERIALS.

(1) Dilute (10%) chemically pure sulfuric or hydrochloric acid.

(2) Lead acetate paper.

(d) SAMPLES. Representative water samples from storage tank bottoms must be taken in a glass bottle. In some cases it will be necessary to take the water sample in a Bacon bomb sampler. Samples so taken will always be transferred to a glass bottle. To preclude oxidation by air, the filled bottle must be capped immediately. The sample should be tested as soon as possible after sampling to minimize possible changes in the composition of materials in the water.

(e) PROCEDURE.

(1) The sample must be shaken thoroughly just prior to performing the test to make certain that any sediment present is included in the portion of the sample to be tested.

(2) Transfer 100 ml of the shaken sample into a conical flask. Add 20 ml of dilute (10%) chemically pure sulfuric or hydrochloric acid to the flask. Immediately place a piece of lead acetate paper folded in a "V" shape in the neck of the flask. Bring the water to a boil and continue to gently boil for three or four minutes.

(f) REPORT. The presence of sulfides in the sample will be reported if the lead acetate paper shows a black or brown discoloration. (DESC 52.246-9FN5)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at its 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.