1.3A Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-08-1484

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

1 April 2009

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-08-R-0232

6. SOLICITATION ISSUE DATE

18 September 2008

7. FOR SOLICITATION

INFORMATION CALL: >

a. NAME Joseph Teye-Kofi/Scott Frankel

b. TELEPHONE NUMBER (no collect calls)

(703) 767-8496/9537

8. OFFER DUE DATE/LOCAL TIME

20 October 2008 @ 12:00 PM

LOCAL FORT BELVOIR TIME

9. ISSUED BY CODE

SP0600

10. THIS ACQUISITION IS

⌧UNRESTRICTED

SET ASIDE % FOR

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS

12. DISCOUNT

TERMS

DESC-PIB/FRANCIS MURPHY

DEFENSE ENERGY SUPPORT CENTER

SMALL BUSINESS

SMALL DISADV BUSINESS

MARKED

⌧ SEE SCHEDULE

NET 30 DAYS

8725 JOHN J. KINGMAN ROAD, SUITE 4950

FORT BELVOIR, VA 22060-6222

8(A) 13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

PHONE: (703) 767-9538/8496 FAX: (703) 767-8507 NAICS: 424720 13b. RATING

Email: joseph.teye-kofi@dla.mil;

scott.frankel@dla.mil

SIZE STANDARD: 500 14. METHOD OF SOLICITATION

P.P. 1.3A RFQ IFB ⌧RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SCHEDULE IN CLAUSE B1.04-1

SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE CODE

18a. PAYMENT WILL BE MADE BY CODE

DUNS: EMAIL ADDRESS:

TELEPHONE NO. FAX NO:

SEE CLAUSE G150.01 & G153

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CLAUSE B1.04-1

(Attach additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CF0.01 26.01 S33150 FOR DOD & USCG ONLY, OTHERS MUST CITE OWN FUNDS

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

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

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

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

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REFERENCE OFFER DATED . YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

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

DEBORA D. WOOD, CONTRACTING OFFICER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO.

40. PAID BY

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

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION OFFEROR SUBMISSION PACKAGE STANDARD FORM 1449

mailto:joseph.teye-kofi@dla.mil�

B1.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DESC NOV 2007)

(a) SHIPS' BUNKERS. Unless otherwise stated, the supplies shall be furnished f.o.b. destination as ships' bunkers into various types and sizes of U.S. military and federal civilian vessels for immediate consumption by the vessel. Unit prices are for product delivered inclusive of all delivery charges. Depending on the delivery conveyance's size, quantities ordered and delivered by truck or barge (as contracted) may require utilization of more than one truck or barge or return trips to fulfill the ordered fuel quantity.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in paragraph (i).

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. In addition, if a Government facility is located near the bunkering location, the Government shall only order from the Contractor the Government’s fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to by purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specific method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity or an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(5) The Government agrees to order and the Contractor shall, if ordered, deliver during the contract period, at the unit prices hereunder, adjusted in accordance with the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE INDICATORS (SHIPS’ BUNKERS) clause or the ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG MARKET PRICE – OTHER THAN PUBLICATION (SHIPS’ BUNKERS) clause of the contract (if applicable), the total actual requirements for the product(s) at the location(s) listed.

(6) Domestic requirements for ships' bunkers shall include all of the U.S. (including commonwealths and the District of Columbia), its territories, and possessions. Overseas requirements are those outside of the above. Domestic and overseas requirements are classified into separate Purchase Programs (PPs):

Domestic:

PP 3.7A - Pacific, West Coast, Great Lakes, Northeast, and Middle Atlantic States, to include inland river-ways therein.

PP3.7B - Caribbean, Southeast, Southwest, Gulf Coast, and inland river-ways therein.

PP3.7C - State of Alaska.

Overseas:

PP 1.3A - Europe and Middle East.

PP1.3B - Central/South America, Africa, and Far East/Pacific.

(c) LINE ITEM SUPPLY SCHEDULE.

NATIONAL STOCK NUMBER PRODUCT/PRODUCT CODE SPEC CLAUSE

DOMESTIC

9140-01-313-7776 COMMERCIAL MARINE GAS OIL (MGO)/75 C16.23-2/52.246-9FAQ

9140-01-447-1031 BUNKER FUEL NAVAL DISTILLATE (B76)/30 C16.23-4/52.26-9FBK

9140-01-456-9443 DIESEL FUEL GRADE 2 (DF2)/34 C16.26-11/52.246-9FAW

9140-01-447-1092 FUEL OIL, BURNER GRADE #6 (FS6)/55 C16.38/52.246-9FCA

9140-01-447-1065 FUEL OIL BURNER GRADE #4 (FS4)/52 C16.38/52.246-9FCA

9140-01-271-5280 INTERMEDIATE FUEL OIL 180/98 C36/52.246-9FFE

9140-01-235-2882 INTERMEDIATE FUEL OIL 380/96 C36/52.246-9FFE

OVERSEAS

9140-01-417-6843 COMMERCIAL MARINE GAS OIL (MGO)/61 C16.23-2/52.246-9FAQ

9140-01-417-9723 FUEL OIL, BURNER GRADE #6 (FS6)/64 C16.38/52.246-9FCA

9140-01-417-6645 INTERMEDIATE FUEL OIL 180/62 C36/52.246-9FFE

9140-01-417-6632 INTERMEDIATE FUEL OIL 380/63 C36/52.246-9FFE

NOTE: Delivery of a single order may require multiple vehicles or trips.

The acronym TK means tanker, B means barge, TT or RTW means transport truck, TTR means truck and trailer, TW means tank wagon, P means pipeline (ex-pipe/ex-wharf), and MSS means Marine Service Station.

(3-YEAR)

SUPPLY, BUNKER LOCATION, ESTIMATED QUANTITY UNIT PRICE PER

ITEM AND METHOD OF DELIVERY (METRIC TON) (METRIC TON)

(SEE SCHEDULE – ATTACHMENT B)

(d) DELIVERY MODE SPECIFICS. See also the BUNKERING PROVISIONS clause.

(1) PIPELINES. For all line items above that require pipeline (ex-pipe at pier or wharf) as the method of delivery, the exact location of the Contractor’s pipeline shall be listed below. NOTE: Access to the pipeline pier must be able to provide for vessels at least 90 feet in height. Specific obstacles such as bridges, jetties, locks, etc., must be advised below to include low and high tide and time. Pumping rates per delivery conveyance shall be as stated in the BUNKERING PROVISIONS clause unless stated differently in the above Schedule.

SPECIFIC PIPELINE MAXIMUM DRAFT &

ITEM DELIVERY LOCATION MEAN LOW TIDE/TIME OBSTACLES?

(2) TRUCKS. For all items above that require tank wagon, transport truck, and/or truck and trailer as the method of delivery, offerors must specify the capacity and pumping rate of the truck(s).

ITEM TRUCK CAPACITY TRUCK PUMPING RATE

(3) BARGE. Barge deliveries shall be required at pier-side and/or anchorage (inner and outer harbor). Pumping rates per delivery conveyance shall be as stated in the BUNKERING PROVISIONS clause unless stated differently in the above Schedule.

(e) TAXES. Unless the contract provides otherwise, the contract price must include all applicable taxes and, for overseas items, duties. The offeror shall list below the specific name and amount of the taxes included in the price. If, when permitted by the contract, taxes are not included in the offered price, but are expected to be invoiced separately, the offeror shall list the specific name and amount of these taxes below. These taxes shall apply when the U.S. Government does not have an exemption. See the FEDERAL AND STATE TAXES/FEES clause and/or the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause.

(X THE APPLICABLE COLUMN)

APPLICABLE TAX NAME INCLUDED IN TO BE INVOICED

ITEM AND AMOUNT PER UNIT UNIT PRICE SEPARATELY

NOTE: For domestic distillate items, the current Federal Excise Tax shall apply only if fuel delivered is undyed per mandated requirements. Please advise, per item, if offered product will have a low or high sulfur content and/or if dyed or undyed, if not part of the current Schedule. Subject tax will not be included in the offered unit price. Special note for overseas distillate items:

if fuel is dyed per in-country mandated requirements, please so advise with specifics on the dye and its effect on fuel specifications.

(f) LOCATION OF FACILITY(IES).

(1) Each Fuel Terminal, Transportation Type and Source, and Location of the Testing Facility are required for possible assignment, at origin, of Government Quality Assurance (inspection) Actions. Primary and alternates are requested. Government Quality Assurance inspections at origin, if applicable, shall be assigned in (3) below. The following columns shall be completed by the offeror:

The facilities identified below by the offeror shall be used for the life of the contract.

(For barge and truck deliveries) TESTING FACILITY(IES)

TERMINAL NAME(S) AND TRANSPORTATION SOURCE(S) NAME(S) & FULL

ITEM(S) FULL PHYSICAL ADDRESS(ES) NAME(S) & FULL PHYSICAL ADDRESS(ES) PHYSICAL ADDRESS(ES)

NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A “TYPICAL” SPEC SHEET SHOWING ALL THE TEST RESULTS

REQUIRED BY THE DESC SPECIFICATION CLAUSES.

(2) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality Surveillance Representative (QSR). The QAR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing petroleum products and services. The QSR is a Government Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in furnishing services.

(3) The following may be completed by the Government at time of award. Government Source Inspection is required for items listed below:

(g) DELIVERY ORDERS.

(1) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities defined as an Ordering Officer. Any U.S. military and Federal civilian agency vessel may utilize this contract.

An Ordering Officer means whichever of the following (or their designated representatives) is applicable: (1) the Director, Defense Energy Support Center; (2), the Commander, U.S. Army Petroleum Center; (3) the Commanding Officer, U.S. Naval Operational Logistics Support Center; (4) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (5) the Commanding Officer or the Master of the vessel to be bunkered; (6) any Government Contractor furnishing evidence of authority to order under this contract; (7) the head of any Federal Government agency; (8) the Contracting Officer; (9) the Navy Fleet Commanders; (10) the Defense Attaché Officer; (11) the authorizing ship manager (Contractor) for the Maritime Administration and/or National Aeronautic and Space Administration (NASA) who is ordering ships; bunkers on behalf of Maritime Administration and/or NASA vessels; (12) the ships’ husbanding agent, furnishing evidence of contractual authority, who passes the order (verbal or written) on behalf of the requesting Government vessel; (13) Military Sealift Command Fuel Ordering Officers. All delivery orders are subject to the terms and conditions of this contract. In the event there is a conflict between a delivery order and this contract, the contract shall control.

(2) ORAL ORDERS. Bunker fuel orders may be issued orally or in writing. An oral delivery order may be considered issued by the Ordering Officer when it is verbally assigned a purchase order and/or delivery order number and the delivery specifics have been verbally communicated to the Contractor. A verbal delivery order number may also be the Date Time Group (DTG) number from the vessel's Logistics Requirements (LOGREQ) Report issued to a Government shore activity or contracted husbanding agent. Contractors are encouraged to request evidence to substantiate a verbal delivery order. For military and U.S. Coast Guard vessels, a contracted husbanding agent or Government shore activity may serve as liaison for the requesting vessel to be bunkered. The Government shore activity or contracted husbanding agent will pass the above-described oral order issued by the vessel, along with evidence of this order, to the Contractor in a timely manner and will coordinate the delivery of the fuel. The husbanding agent, not having authority to bind the Government, must clearly advise the Contractor of its role in this arrangement and show valid evidence (DTG from LOGREQ copy of e-mail or LOGREQ from vessel to husbanding agent, etc.) of the order requirement initiated by the U.S. Government vessel.

(3) WRITTEN DELIVERY ORDERS. For all orders, the appropriate ordering office/officer will provide a signed, written order--

(i) A Department of Defense (DD) Form 1155 for DoD agencies;

(ii) An Optional Form (OF) 347 for all Federal/Civilian Agencies;

(iii) A Commerce Department (CD) Form 404 for the National Oceanic and Atmospheric Administration; or

(iv) An SF 1449 for all of the above--to the Contractor or its designee in place of or after issuing the above-described oral order. The written delivery order will be provided to the Contractor, or its designee, prior to or at completion of delivery; however, Contractors are highly encouraged to request the written delivery order prior to completion of the delivery if not already received. The order form must, at a minimum, include the contract number, Contractor’s name and address, contract line item number, payment office, signature of the Ordering Officer, ships’ ordering and payment information, and quantity of fuel ordered. In the event a written delivery order is not provided after delivery, the Contractor shall promptly contact the DESC Contracting Officer for assistance. The ordering office's failure to issue written confirmation, or the Contractor's failure to receive written confirmation, does not relieve the Contractor from its obligation to perform in accordance with the oral order.

(4) SHIPS’ BUNKERS EASY ACQUISITION (SEA) CARD. The SEA Card Order Management System (SCOMS) is an Internet-based operating system that automates ordering, receipt, delivery and invoicing for all bunkers contract transactions. Orders issued via SCOMS satisfy the requirements for written delivery orders set forth above. The Contractor agrees to use the automated SCOMS system for all orders placed using SEA Card processes. In the event the Ordering Officer cannot access the web-based system to place an order, a verbal order will be placed with the SEACARD 24-hour Help Desk at 1-866-308-5475 The Help Desk will process the order to the Contractor and follow up with data input assistance before the close of the following business day. For orders not placed using SEA Card processes, the manual procedures outlined in paragraph (3) are authorized. Other than the SEA Card, credit cards of any type shall not be used to create a delivery order under this contract

(5) CANCELLATION OF ORDERS. Orders placed under this contract may be cancelled by an authorized Ordering Officer within the following time period without incurring cancellation charges:

(i) Delivery into Government vessels (to include dredges and barges) by means of transport truck, truck and trailer, tank wagon, Marine Service Station, or pipeline. No less than 24 hours prior to the specific time such delivery is required to be made;

(ii) Deliveries by barge. No less than 48 hours prior to the specific time such delivery is required to be made; or

(iii) No less than the minimum delivery notice time as stated in the Schedule, if different from the above.

(h) DELIVERY ORDER LIMITATIONS.

(1) MINIMUM ORDER. When the Government requires supplies or services covered by this contract in an amount of less than the minimum quantity applicable to the method of delivery called for by the item(s) as specified in the Schedule, the Government shall not be obligated to purchase, nor the Contractor obligated to furnish, any supplies or services under this contract.

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(2) MAXIMUM ORDER. The Contractor shall not be obligated to honor any order for a single item, or any series of orders from the same ordering office in the course of 30 days, that exceeds the limitations listed below:

(i) For items calling for delivery as ships' bunkers by barge or pipeline--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 500,000 USG/1,700 MT The total estimated quantity

500,000 to 2,500,000 USG/1,700 to 8,700 MT 500,000 USG/1,700 MT or 50% of the total estimated quantity, whichever is greater

More than 2,500,000 USG/8,700 MT 1,250,000 USG/4,350 MT or 25% of the total estimated quantity, whichever is greater

(ii) For items calling for delivery by truck--

TOTAL ESTIMATED QUANTITY OF ITEM LIMITATION

Less than 100,000 USG/350 MT The total estimated quantity

100,000 to 500,000 USG/350 - 1,700 MT 100,000 USG/350 MT or 50% of the total estimated quantity, whichever is greater

More than 500,000 USG/1,700 MT 250,000 USG/870 MT or 25% of the total estimated quantity, whichever is greater

Where the Contractor receives such an order, the Contractor may choose to fulfill the order under the contract terms and conditions or refuse the order. Refused orders will revert to SCOMS for an open market purchase. Refusal by the Contractor to supply within its contract price/terms will not preclude the Contractor from being competitively solicited under SCOMS for the open market purchase.

(i) DELIVERY AND ORDERING PERIODS. The period during which the Government may order and the Contractor shall deliver, if ordered, will be as specified below unless the Schedule specifies otherwise.

(1) ORDERS: The ordering period begins: 1 APRIL 2009 and ends: 31 MARCH 2012.

(2) DELIVERIES: The delivery period begins: 1 APRIL 2009 and ends: 30 APRIL 2012.

(3) EXTENSION PROVISIONS. The Government reserves the right to unilaterally extend this contract on the same terms and conditions on a month-to-month basis one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor no later than 10 days prior to expiration of this contract or any extension thereof. However, nothing in this clause precludes the Contractor from agreeing to an extension of the contract if the Government fails to issue the notice within the 10-day time frame. Extension of this contract shall be considered to have been accomplished at the time the Government provides written notification to the Contractor via mail deposit or facsimile.

(4) FOR ALL ITEMS. Notwithstanding the foregoing paragraphs, if the Government requests and the Contractor agrees to honor an order outside the delivery limitations set forth above and/or the minimum advance delivery order notice, the order will be bound to the terms, conditions, and price(s) established in the contract. The Contractor shall honor any written or oral order(s) outside the delivery order limitations set forth above or agreed to by the parties within the contract, unless the Contractor rejects the order(s) by notifying the issuing office immediately upon its receipt, as prescribed below, but no later than 24 hours from the time of its issuance. If the order is issued on a weekend and/or holiday and it falls outside the delivery order limitations, the Contractor has until noon of the next business day to reject the order.

Contractor Notification: The Contractor's rejection notice must be given first verbally, by calling the ordering office, followed by a written notification, which should preferably be sent via facsimile. The Contractor's written notice of rejection must clearly state (1) the intent not to deliver the ordered item(s) and (2) the reasons for rejection, and must be accompanied with the written order, if there is one. Upon receipt of the Contractor's verbal notice of rejection, the Government may secure the supplies from another source. The Government is not required to order a part of any one requirement from the Contractor when such requirement falls outside the advance delivery order notice and/or delivery order limitations set forth in this clause or agreed to by the parties within the contract.

For orders placed via SCOMS, any rejection by the Contractor will be input into the system and will revert to a SEACARD open-market purchase.

(5) FOR ALL ORDERS. The Government must place orders during the Contractor's normal business operating hours for receipt of orders for a delivery to occur on a weekend and/or holiday. If an order for a delivery that is urgently required on a weekend and/or holiday cannot be placed during the Contractor's normal operating hours for receipt of orders, the Government shall first verbally contact the Contractor for offer of said order. If the Contractor verbally elects to not accept said order, the Government shall document as such and the order will revert to an open market purchase.

(j) ORDERING POINT(S) OF CONTACT. Due to vessel missions, it is imperative that Contractor’s be reachable at all times for order placement and timely deliveries. To ensure prompt delivery of the supplies to be furnished for ships' bunker requirements, the Contractor shall provide a primary and/or alternate point of contact for receipt of orders 24 hours a day, 7 days a week, for each item listed below. Complete telephone and facsimile numbers including country and/or area codes are requested. Alternative numbers, such as beepers, pagers, cell phones, etc., are also requested. The Contractor may, at its option, assign a Contractor designee at each delivery location as the point of contact, provided the designee agrees to act as the Contractor’s representative for this purpose. The following table shall be used for order placement for ships’ bunkers:

Normal Operating Hours Item Contact Person Complete Complete and Days for Number and Location Telephone Number Facsimile Number E-Mail Address Orders Deliveries

(k) OVERTIME. If delivery cannot be made during the Contractor’s normal operating hours, as set forth in paragraph (j) above, the Contractor shall continue with or initiate deliveries during other than normal operating hours as requested by the vessel's officer with Ordering Officer authority or, in such instances, as authorized in writing by the Contracting Officer. The Contractor shall provide applicable overtime documents, showing date and time overtime commenced and concluded, to the Receiving Officer who shall certify that said charges have been incurred. In the event that overtime may apply for deliveries outside of the operating hours and days cited in paragraph (j) above, the Contractor must advise of such time factors and the overtime rate per hour that shall apply per item.

(1) SEA Card Order Management System (SCOMS) Orders.

(i) Charges for overtime are deemed ancillary, non-fuel charges and are the responsibility of the activity incurring them. In accordance with the SUBMISSION OF INVOICES FOR NON-FUEL CHARGES – LOCAL PURCHASE PAYMENT REQUIREMENTS (FUEL CARD SERVICES) clause, the Contractor shall invoice these charges using SCOMS, upon approval by the activity, the Credit Card Processor (CCP) will pay the Contractor and the CCP will then bill the receiving activity.

(ii) In the event the incurring activity disputes the charge(s), the Contractor may submit a claim to the Contracting Officer. The Contractor may include the SCOMS processing fee as part of its claim which must be clearly identified and expressed as a whole number, not a percentage.

(2) Non-SCOMS Orders. The Government agrees to reimburse the Contractor for overtime payment costs associated with deliveries made outside the Contractor’s normal operating hours in accordance with the Schedule below. Notwithstanding the rates set forth below, the Government will not pay more than the actual rate charged by the common carrier or the rate the Contractor normally charges it’s regular commercial customer, whichever is lower.

(3) Overtime Rates.

Hours & Days Outside Item Number of Normal Delivery Rate per hour

NOTE: U.S. Navy and some port regulations may prohibit deliveries from occurring at nighttime. Further, some vessels carrying ammunition or other cargoes considered hazardous may not be allowed to enter certain ports (pier-side) during specific hours or not at all, requiring deliveries at non-peak times and/or at anchorage, respectively.

(l) RECEIPTS.

(1) For SCOMS deliveries, all receipts for fuel will be entered into the SEACARD system. However, the Contractor must keep all records for a period of 6 years and 3 months after final payment in accordance with FAR 4.805.

(2) For non-SCOMS deliveries, upon completion of the fuel delivery, the Contractor, or the Contractor’s designee, shall prepare a commercial receipt. A commercial receipt is defined as a commercial bunker receipt, a commercial bill of lading, and/or delivery ticket for the exact type of fuel under contract. The Contractor shall then, and in the presence of the Government representative at the time of the delivery, clearly annotate on the commercial receipt, in English--

(i) The exact type of fuel delivered, which must match the contract item;

(ii) The date and time of the delivery commencement and completion;

(iii) The Government vessel’s name;

(iv) The delivered fuel temperature; and

(v) The net delivery quantity.

(3) FOR DOMESTIC DISTILLATE CONTRACTS ONLY. If the fuel was dyed in accordance with U.S.

Government environmental and revenue requirements, this must also be cited on the commercial receipt.

(4) he receiving vessel’s representative shall certify the commercial receipt, acknowledging receipt and acceptance of the fuel type, net quantity, date of fuel receipt, and sign for fuel acceptance. A legible copy of the commercial receipt will be provided to the receiving vessel. It is imperative that the receipt be annotated for the same type of fuel under contract.

(5) Alternatively, the receiving vessel’s representative may utilize the ordering document to certify receipt and acceptance of the fuel type and quantity when a commercial receipt is not available; provided there will be no recurring deliveries against that order. Certification of acceptance is accomplished when the vessel’s representative (i) encircles the ordered quantity, (ii) annotates the received net quantity beneath the encircled quantity, and then (iii) dates and (iv) signs the receipt portion of the ordering document. WITHOUT ALL FOUR OF THE AFOREMENTIONED PROVISIONS, THE ORDER DOCUMENT CANNOT BE USED FOR RECEIPT CERTIFICATION. If available, the ships’ stamp shall be annotated on the order form.

(6) Whichever documentation is used, the Contractor or its representative shall ensure the vessel’s representative annotates the actual net quantity received utilizing the contracted unit of issue, i.e., U.S. gallons for domestic locations and metric tons for overseas locations. The vessel's representative shall return the certified receipt documentation to the Contractor or the Contractor’s designee, prior to departure. The vessel’s representative shall retain a copy for the vessel’s records.

(m) ADDITIONAL INFORMATION.

(1) Does your company have world wide web/internet access? [ ] Yes [ ] No NOTE: For those companies with internet access, DESC will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DESC Home Page at http://www.desc.dla.mil/main/doinbusi.htm.

(2) Does your company have a web site? [ ] Yes [ ] No If yes, what is the web address? ________________________________________________

(3) Does your company have e-mail capability? [ ] Yes [ ] No.

If yes, what is your e-mail address? ______________________________________________

(4) May initial fuel orders be transmitted to this e-mail address? [ ] Yes [ ] No Note: Order placement in this manner shall require immediate confirmation of receipt by the Contractor to the ordering activity.

(5) What is your company’s Dun and Bradstreet number? _______________________________

(n) NOTES FOR THE (RFP/CONTRACT).

(DESC 52.207-9F30)

I1.03-5 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (BUNKERS) (DESC FEB 2007)

(a) INSPECTION/ACCEPTANCE. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Also see the Addendum.

(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes a payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract.

(c) CHANGES. See the CHANGES – FIXED-PRICE clause in the Addendum.

(d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference.

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either it s sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number, and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any prompt payment discount offered;

(7) Name and address of official to whom payment is to be sent; and

(8) Name, title, and phone number of person to be notified in event of defective invoice.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) Electronic funds transfer (EFT) banking information.

(i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. Also see the Addendum.

(h) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) PAYMENT.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purposes of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) RISK OF LOSS. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract 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) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) TAXES. See the Addendum.

(l) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms and conditions of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) TITLE. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) WARRANTY. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.

(r) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701 et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986, 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistle blower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Assignments; Disputes, Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government Contracts paragraphs of this clause;

(3) The clause at 52.212-5;

(4) Addenda to this solicitation or contract, including any license agreements for computer software;

(5) Solicitation provisions if this is a solicitation;

(6) Other paragraphs of this clause;

(7) Standard Form 1449;

(8) Other documents, exhibits, and attachments; and

(9) The specification.

(t) CENTRAL CONTRACTOR REGISTRATION (CCR). See the CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) clause.

(FAR 52.212-4, tailored/DESC 52.212-9F45)

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

ORDERS – COMMERCIAL ITEMS (JUN 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ] (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ ] (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

[ ] (4) [RESERVED]

[ ] (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-6.

[ ] (iii) Alternate II (Mar 2004) of 52.219-6.

[ ] (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-7.

[ ] (iii) Alternate II (Mar 2004) of 52.219-7.

[ ] (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[ ] (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Oct 2001) of 52.219-9.

[ ] (iii) Alternate II (Oct 2001) of 52.219-9.

[ ] (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[ ] (10) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i)).

[ ] (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (Jun 2003) of 52.219-23.

[ ] (12) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (13) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

[ ] (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

[ ] (16) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[ ] (17) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

[ X ] (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[ X ] (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[ ] (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ X ] (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ ] (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ ] (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O.

13201).

[ ] (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

[ ] (ii) Alternate I (Aug 2007) of 52.222-50.

[ ] (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

[ ] (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (27) 52.223-16, IEEE 1680 Standard for the Government Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

[ ] (ii) Alternate I (Dec 2007) of 52.223-16.

[ ] (28) 52.225-1, Buy American Act – Supplies (Jun 2003) (41 U.S.C. 10a-10d).

[ ] (29) (i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (Jun 2006) (41 U.S.C 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-53).

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

[ ] (30) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).

[ ] (31) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[ ] (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ X ] (36) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C.

3332).

[ ] (37) 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[ ] (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[ ] (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (40) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

[ ] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Feb 2002) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[ ] (7) 52.237-11, Accepting and…