SP0600-08-R-0514.pdf

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Instructions to Offerors SP0600-08-R-0514

1. Please be certain to clearly identify all exceptions to the solicitation’s terms and conditions, if any, and acknowledge receipt and acceptance for all amendments to this solicitation.

2. Any contract awarded to a Contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, may be voided at the option of the Government.

3. Any questions regarding this requirement should be submitted to this office wither by email to Aybike Arslan [aybike.arslan@dla.mil] or Brian DeLong [brian.delong@dla.mil] or may fax to [703-767-9338] no later than June 23, 2008.

4. A pre-proposal conference is scheduled for the week of June 16, 2008 at 0900 hours at NAS Point Mugu, California (see Clause L196-PREPROPOSAL CONFERENCE (AARD) (DESC AUG 1993). Contractors will be met at the gate by the Contracting Officer Representative (COR). Please plan to arrive by 8:45AM. Contractors must pre-register with Aybike Arslan by either email to aybike.arslan@dla.mil or faxing to 703-767-9338 the name(s) of the individual(s) who plan to attend, the company represented, along with the Social Security Number, and the telephone/fax numbers no later than June 9, 2008.

5. The following clause is critical to your offer: Please make sure to review L2.31-

PROPOSAL FORMAT AND CONTENT (NAVY) (DESC JAN 2004)

6. Questions regarding Small Business matters may be directed to the DESC Small

Business Office (DESC-DU) at 703-767-9400 or visit DESC’s Small Business web-page at www.desc.dla.mil/main/d/du/first~1.htm.

7. IMPORTANT NOTICE: ALL CONTRACTORS MUST BE REGISTERED IN

THE CENTRAL CONTRACTOR REGISTRY. GO TO: www.ccr.gov See Clause I1.07- CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (JUL 2006/SEP 2007) for further instruction and details.

- 2 -mailto:aybike.arslan@dla.mil http://www.desc.dla.mil/main/d/du/first%7E1.htm http://www.ccr.gov/

SP0600-08-R-0514

- 2 -

SF 33 SOLICITATION, OFFER AND AWARD

Table of Contents

SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

B30 SERVICES TO BE FURNISHED (AARD) (DESC APR 2001)

B30.01 SCHEDULE OF PAYMENTS (AARD) (MULTIYEAR) (DESC APR 2001)

SECTION C-DESCRIPTION/SPECIFICATIONS

SECTION E-INSPECTION AND ACCEPTANCE

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

E29 INITIAL ON-STATION INSPECTION (AARD) (DESC MAR 1997)

E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD) (DESC MAR

1981)

SECTION F-DELIVERIES OR PERFORMANCE

F1.25-1 PERIOD OF PERFORMANCE (AARD) (MULTIYEAR) (DESC APR 1994)

F2.01 NOTICE OF DELIVERIES (AARD) (DESC FEB 1990)

F30.05 ORDERING CONDITIONS (AARD) (DESC APR 1984)

SECTION G-CONTRACT ADMINISTRATION DATA

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

G8 DESIGNATION OF PROPERTY ADMINISTRATOR (AARD) (DESC APR

1970)

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

1999)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL

CONTRACTOR REGISTRATION (OCT 2003)

G16 SUBMISSION OF INVOICES FOR PAYMENT (AARD) (DESC AUG 1999)

SECTION H-SPECIAL CONTRACT REQUIREMENTS

H11 GUARD SERVICE (DESC MAR 1982)

H51.01 INSURANCE REQUIREMENTS (AARD) (DESC MAR 1990)

SECTION I-CONTRACT CLAUSES

THESE CLAUSES DO NOT APPLY TO FOREIGN VENDORS

PERFORMING OUTSIDE OF THE UNITED STATES

I1 DEFINITIONS (JUL 2004)

I1.01-9 DEFINITIONS (CONT’D) (AARD/TESTING) (DESC JAN 1996)

I1.02 COMPUTER GENERATED FORMS (JAN 1991)

I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (JUL

2006/SEP 2007)

I1.09 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)

I1.19 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I1.20 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I1.22 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

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

ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

I2 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR

1992)

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

- 3 -

I3 EXTRAS (APR 1984)

I3.01 PROMPT PAYMENT (OCT 2003)

I4 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

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

2000)

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

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

I11.04 BANKRUPTCY (JUL 1995)

I12.01 DISPUTES (JUL 2002)

I12.03 PROTEST AFTER AWARD (AUG 1996)

I16.01 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -

OVERTIME COMPENSATION (JUL 2005)

I18 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER

DEFENSE-CONTRACT-RELATED FELONIES (MAR 1999)

I18.02 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I18.03 EQUAL OPPORTUNITY (MAR 2007)

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

I20 COVENANT AGAINST CONTINGENT FEES (APR 1984)

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

I27 GRATUITIES (APR 1984)

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

I32 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997)

I33 INTEREST (JUN 1996)

I36 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (MAY 2004)

I84 REQUIREMENTS (OCT 1995)

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

I94 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT

1997)

I95 AUDIT AND RECORDS – NEGOTIATION (JUN 1999)

I97 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

I98 PROTECTING THE GOVERNMENT'S INTERESTS WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (JAN 2005)

I100 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

I102 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (NOV

2006)

I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT --

PAYROLL TAX ADJUSTMENT (DESC JUL 1988)

I102.04 DRUG-FREE WORKPLACE (MAY 2001)

I113 GOVERNMENT USE OF CONTRACTOR-OWNED EQUIPMENT (DESC

MAY 1982)

I114 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(JUN 2007)

I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS (DESC JUL 2006)

I117 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DESC

NOV 2006)

I121 CUSTODY OF PETROLEUM PRODUCT (DESC APR 1968)

I122 USE OF FACILITIES (DESC APR 1984)

I123 TITLE TO FACILITIES (DESC JUL 1991)

I129 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

- 4 -

I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT-OWNED AND/OR

CHARTERED AIRCRAFT (DESC APR 1968)

I131 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN

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

I147 DEMURRAGE (DESC NOV 1989)

I168 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS (SEP 2006)

I169 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

(SEP 2006)

I170 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

I171 SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2007)

I171.01 SMALL BUSINESS SUBCONTRACTING PLAN (ALTERNATE I) (NOV

2007/OCT 2001)

I171.03 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 2007)

I176 COST ACCOUNTING STANDARDS (APR 1998)

I176.05 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)

I181 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN

1998)

I190.05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(AUG 2003)

I209.02 EXTENSION PROVISION (DESC OCT 1984)

I211 ORDERING (OCT 1995)

I225 PAYMENTS (APR 1984)

I226 AVAILABILITY OF FUNDS (APR 1984)

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUL 1995)

I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (JUL 2005)

I251 ANTI-KICKBACK PROCEDURES (JUL 1995)

I255 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE

INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR

FORCES (INF) TREATY (NOV 1995)

I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR

CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY

(DEC 2006)

I340 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

SECTION J- LIST OF ATTACHMENTS

OFFEROR SUBMISSION PACKAGE Attachment

A

DEPT OF LABOR WAGE DETERMINATION; AREA VENTURA, CA,

WAGE DETERMINATION No.2005-2071 v6 date:04/03/2008 Attachment B

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFEROR OR QUOTERS

All clauses listed below are included in the OFFEROR SUBMISSION

PACKAGE

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

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

K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALTERNATE I)

- 5 -

(MAY 2004/APR 2002)

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

K7 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN

2000)

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007)

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

1999)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A TERRORIST COUNTRY (OCT 2006)

K94 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

SECTION L- INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS OR RESPONDENTS

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991)

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

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION

(ALTERNATE I) (JAN 2004/OCT 1997)

L2.10-1 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L2.21 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L2.28 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

L2.31 PROPOSAL FORMAT AND CONTENT (NAVY) (DESC JAN 2004)

L5 SERVICE OF PROTEST (SEP 2006)

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

L7 SOCIOECONOMIC PROPOSAL (DESC DEC 2001)

L23 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING

REQUIREMENTS (MAR 1998)

L74 TYPE OF CONTRACT (APR 1984)

L82 WAGE DETERMINATION (DESC JAN 1986)

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

L196 PREPROPOSAL CONFERENCE (AARD) (DESC AUG 1993)

L205 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE

REPORTING (AUG 1999)

SECTION M- EVALUATION FACTORS FOR AWARD

M7 SOCIOECONOMIC EVALUATION (DESC APR 2003)

M28.07 EVALUATION OF OFFERS (DESC JUN 2001)

M43.05 EVALUATION OF OPTIONS (JUL 1990)

- 6 -

SECTION B-SUPPLIES OR SERVICES AND PRICES/COSTS

B30 SERVICES TO BE FURNISHED (AARD) (DESC APR 2001)

(a) LINE ITEMS. The Contractor will provide Aircraft Fuel Services and Fuel and Cryogenic Storage and Distribution at Naval Base Ventura County (includes Point Mugu, Port Hueneme and NOLF San Nicholas Island) for the base period October 1, 2008 through September 30, 2012.

(1) LINE ITEM 0001.

The Contractor will provide Aircraft Fuel Services at the Point Mugu site.

The offered price per month is $ ____________ .

(2) LINE ITEM 0002.

The Contractor will provide Fuel Storage and Distribution at the Point Mugu site.

The offered price per month is $__________.

(3) LINE ITEM 0003.

Ground Fuel Delivery Operations at the Point Mugu site.

The offered price per month is $___________.

(4) LINE ITEM 0004

Used Oil/Recyclable Jet Fuel Handling at the Point Mugu site.

The offered price per month is $___________.

(5) LINE ITEM 0005

Fuel Laboratory Operations at the Point Mugu site.

The offered price per month is $___________.

(6) LINE ITEM 0006

Cryogenic Storage and Distribution at the Point Mugu site.

The offered price per month is $___________.

(7) LINE ITEM 0007

Ground Fuel Delivery and Service Station Operations at the Port Hueneme site.

The offered price per month is $___________.

(8) LINE ITEM 0008

Fuel Support Operations (Aviation and Ground Fuels) at the NOLF San Nicolas site.

The offered price per month is $___________.

(9) LINE ITEM 0009.

NONPERSONAL SERVICES AND SUPPLIES:

(COST REIMBURSEMENT - MAINTENANCE)

The Contractor shall furnish nonpersonal services, maintenance, and supplies as directed by the Contracting Officer’s Representative (COR).

NOTE: The Contractor will be reimbursed for services, under Line Item 0009, actually performed as approved by the Contracting Officer or the Contracting Officer's Representative, when applicable, for purchases of supplies or services (see Exhibit D1, Unprogrammed Maintenance and Repairs by Cost Reimbursement). The amount for this line item is for Government administrative fund obligation and represents the Government's best estimate of cost reimbursable supplies, services, and overtime for each contract year. All G&A and profit for this line item must be included in Line Item 0001. If the Government exceeds this estimate by 25 percent, G&A and profit will be allowed for any work beyond that amount.

( ) LINE ITEM 0010.

AUGMENTATION (COST ESTIMATE PER YEAR $_______________).

Augmentation worked shall be at the following rates (and as directed by the COR). Payments for augmentation worked in accordance with Section C-1.19 shall be at the following rates (show computation in (b) below):

- 7 -

SUBLINE ITEM # POSITION HOURLY RATE

0010AA Truck Driver Tractor Trailer - Straight Time $ _________/hour 0010AB Truck Driver Tractor Trailer - Overtime $__________/hour 0010AC Fuel System Distribution Oper - Straight Time $__________/hour 0010AD Fuel System Distribution Oper - Overtime $__________/hour 0010AE Cryogenic System Operator -Straight Time $__________/hour 0010AF Cryogenic System Operator - Overtime $__________/hour 0010AG Computer Operator – Straight Time $__________/hour 0010AH Computer Operator - Overtime $__________/hour

(ii) The Ordering Officer for augmentation at Point Mugu, Port Hueneme and San Nicholas Island shall be the Commanding Officer or designee.

(b) AUGMENTATION RATES.

(1) Payment for augmentation worked in accordance with the Performance Work Statement shall be at the rates in Line Item 0010. Computation follows:

CATEGORY

Base Rate Plus applicable Fringes Subtotal Plus PT&I* (specify rate) ____________________ Subtotal Plus Profit (specify rate) _____________________ Total Straight-Time Rate

*Payroll Taxes and Insurance

(2) Payment for overtime augmentation worked in accordance with the Performance Work Statement shall be at the rates in Line Item 0010. Computation follows:

CATEGORY

Base Rate times 1.5 Plus PT&I* (as specified above) Subtotal Plus Profit (as specified above) Total Overtime Rate

*Payroll Taxes and Insurance

NOTE: When contract contains an option, proposed rates for option periods should be the same as for the basic contract period. When contract is multiyear, proposed rates for each performance period should be the same as for the first performance period. Rates will be adjusted for performance periods with issuance of a new Wage Determination in accordance with the FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT clause.

(DESC 52.207-9F80)

B30.01 SCHEDULE OF PAYMENTS (AARD) (MULTIYEAR) (DESC APR 2001)

(a) The Contractor shall be paid monthly, commencing at the end of the first month, for each month of all performance periods, a sum equal to the amount specified for all line items.

(b) Funds cited on the contract do not include funds for payment of Line Item 0009 contained in the Schedule. The activity will administer and obligate funds for this item on DD Form 1155.

(DESC 52.232-9FR5)

- 8 -

SECTION C-DESCRIPTION/SPECIFICATION

STATEMENT OF WORK- SEE SEGMENT II

SECTION E-INSPECTION AND ACCEPTANCE

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)

E29 INITIAL ON-STATION INSPECTION (AARD) (DESC MAR 1997)

(a) INSPECTION. The initial on-station inspection is for the sole benefit of the Government and the Government may partially or totally waive its right of inspection at its discretion. The date, time, and place of inspection may be changed by the mutual agreement of the parties.

(b) TIMEFRAME. Unless notified otherwise, all equipment shall be available for Government inspection at the installation where services are to be performed four calendar days prior to the start of the delivery period. No work may be performed on the equipment during the inspection period except as permitted by the Government. The Government will complete inspection of the Contractor's equipment no later than the calendar day preceding the date aircraft fuel delivery services are to commence.

(c) ENTRY. The Contractor is responsible for making necessary arrangements with the Commanding Officer of such installation or an authorized representative regarding entry into the installation.

(d) TANK INTERIORS. Equipment presented for inspection shall be vapor free.

(e) FILTRATION MEDIA. If requested by the Government, the Contractor shall be responsible for disassembling filtration units to facilitate the inspection. The Contractor shall present, at the time of the inspection, written certification attesting to the last date on which each filter element was changed and shall provide a historical record denoting pressure drip data for each filter element (if such certification and pressure drip data exists).

(f) CONTRACTOR REPRESENTATIVE. Representation by the Contractor at the inspection shall be limited to one individual except when additional personnel have been specifically authorized by the Government.

(g) DEFAULT. If the Contractor fails to make the equipment available on the date specified or otherwise mutually agreed upon, or if the inspection discloses that the equipment is not in conformance with contract requirements, the Government may terminate this contract for default.

(h) REINSPECTION. If the Government discovers equipment deficiencies during the initial inspection, the Government may, at its discretion, conduct a reinspection at the Contractor’s expense.

(DESC 52.246-9FF5)

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E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD) (DESC MAR 1981)

Responsibility for the inspection of the quality of performance of services and of the equipment used in the performance of the services under this contract is assigned to the Commanding Officer at the location at which these services are performed.

(DESC 52.246-9F30)

SECTION F-DELIVERIES OR PERFORMANCE

F1.25-1 PERIOD OF PERFORMANCE (AARD) (MULTIYEAR) (DESC APR 1994)

The performance periods for all line items will be--

1st 01October 2008 through 30 September 2012

2nd 01 October 2012 through 30 September 2016

(DESC 52.242-9F95)

F2.01 NOTICE OF DELIVERIES (AARD) (DESC FEB 1990)

When the Contractor has made 80 percent of the estimated truck movements for each performance period, he shall promptly notify the station Commanding Officer in writing with a copy to the Contracting Officer.

(DESC 52.242-9FL5)

F30.05 ORDERING CONDITIONS (AARD) (DESC APR 1984)

Orders issued pursuant to the ORDERING clause may, at the discretion of the Ordering Officer, be oral. Orders issued under this clause shall be subject to written confirmation, to include obligation of funds. Such orders shall be "issued" for purposes of this contract at the time of issuance shown on the Ordering Officer's written log. The Ordering Officer is responsible for ensuring that funds are available prior to issuing verbal orders. (DESC 52.216-9FE5)

SECTION G-CONTRACT ADMINISTRATION DATA

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

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

(DESC 52.211-9FH5)

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday. (DESC 52.232-9F45)

G8 DESIGNATION OF PROPERTY ADMINISTRATOR (AARD) (DESC APR 1970)

The Property Administrator will be the Commanding Officer at the location at which services required hereunder are performed.

(DESC 52.242-9F60)

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

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

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

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

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(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

(DESC 52.232-9F55)

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

(a) METHOD OF PAYMENT.

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

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

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

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

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

(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) SUSPENSION OF PAYMENT. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database;

and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.

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

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

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

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

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

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

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

(d) of this clause.

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

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

(FAR 52.232-33)

G16 SUBMISSION OF INVOICES FOR PAYMENT (AARD) (DESC AUG 1999)

Contractor's invoices, in quadruplicate, stating the gallonage handled and truck movements made during the month for which reimbursement is due, shall be submitted monthly to the Station Commanding Officer or his designee for certification. A separate invoice should be submitted detailing augmentation hours worked in accordance with the Statement of Services and Schedule of Work. Invoices shall be accompanied by such forms as are prescribed by the Commanding Officer under this contract.

(DESC 52.232-9FE1)

SECTION H-SPECIAL CONTRACT REQUIREMENTS

H11 GUARD SERVICE (DESC MAR 1982)

(a) In the event the Government requires guard service and/or other protective services or facilities not otherwise provided by the Contractor pursuant to the terms of this contract, the Government shall have the right--

(1) To provide such service; or

(2) To require the Contractor to provide such guard service; and/or

(3) To require the Contractor to provide such other protective services or facilities.

(b) The actual cost of providing said services or facilities under (2) and/or (3) above will be for the account of the Government and will be recognized by a modification to this contract.

(DESC 52.211-9FK1)

H51.01 INSURANCE REQUIREMENTS (AARD) (DESC MAR 1990)

(a) The General Liability Workmen's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION clause shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury.........................................................................................AT LEAST $500,000 per person Property Damage...................................................................................AT LEAST $ 50,000 per accident Workmen's Compensation.....................................................................AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury.........................................................................................AT LEAST $200,000 per person AT LEAST $500,000 per accident

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Property Damage...................................................................................AT LEAST $ 20,000 per accident

(b) Within 30 days from the date of award, or upon request by the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

(DESC 52.228-9F10)

SECTION I-CONTRACT CLAUSES

THIS CLAUSE DOES NOT APPLY TO FOREIGN VENDORS PERFORMING OUTSIDE

THE UNITED STATES

I1 DEFINITIONS (JUL 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation(FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(FAR 52.202-1)

I1.01-9 DEFINITIONS (CONT’D) (AARD/TESTING) (DESC JAN 1996)

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality Surveillance Representative (QSR).

(1) 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.

(2) The QSR is a Government Representative authorized to represent the Contracting Officer to assure the contractor complies with the contractual requirements in furnishing services.

(b) Petroleum storage facilities’" shall include--

(1) The tanks enumerated in the Schedule and all installations, fixtures, and equipment required for safe and expeditious movement of petroleum products into and out of such tanks;

(2) Fencing, flood lighting, dikes or fire walls, suitable fire fighting plan, and watchman services to the extent necessary to comply with local regulations and standard commercial practices; and

(3) Whatever unloading and loading facilities that may be required to receive and ship product by the method(s) specified in the Schedule.

(c) Unit of quantity means--

(1) The U.S. gallon of 231 cubic inches;

(2) The barrel of 42 U.S. gallons;

(3) The long ton of 2240 pounds; and

(4) The pound of 16 ounces, depending upon the unit shown in the Schedule.

(d) Description of services to be performed as stated in the CHANGES - FIXED-PRICE clause is defined to include, but is not limited to, the following:

(1) The grade or type of product by specification;

(2) The regular working hours set forth in the Schedule;

(3) The method of receiving or shipping.

(4) The specifications of Contractor-furnished equipment,

(5) The provisions of the General Delivery Conditions as amended;

(6) The number of the Contractor-furnished units (equipment);

(7) The response time;

(8) The estimated truck movement;

(9) The MERT hours.

(e) Equipment or delivery and servicing equipment as used herein means those fuel and/or oil servicing units such as tank trucks, tank trailers, mobile hose carts, pantographs (fixed or mobile), small trailers and drums together with the necessary prime movers.

(f) Fuel and Oil used herein means aircraft reciprocating engine fuel, aircraft turbine and jet engine fuel, aircraft reciprocating engine oil and jet engine oil.

(g) Response time is defined as that interval of time between the time a call is placed on the Contractor to service an aircraft and the time the Contractor's equipment is in position to service said aircraft.

http://www.acqnet.gov/

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(h) For purposes of this contract, the term truck movement as set forth above is defined to be any of the following:

(1) The movement of a refueler or defueler to, and servicing of, an aircraft. In the event that more than one aircraft is serviced as a result of one service call, each individual aircraft servicing shall be considered a "truck movement."

(2) The movement of a refueler or defueler, as the result of a service call which is not completed, due to no fault of the Contractor.

(3) Each individual aircraft servicing by use of the high speed refueling facility (hot pits).

(DESC 52.202-9F30)

I1.02 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, PROVIDED there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form Number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form PROVIDED there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different from the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

(FAR 52.253-1)

I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name)

(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including—

(1) Cost or pricing data if required in accordance with subpart 15.403-4 of the Federal Acquisition Regulation (FAR);

and

(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to—

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

(DFARS 252.243-7002)

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (JUL 2006/SEP 2007)

(a) DEFINITIONS. As used in this clause-- Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Commercial and Government Entity (CAGE) code means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

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(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

Data Universal Numbering Systems (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System + 4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

(2) The Contractor’s CAGE code is in the CCR database; and

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) within the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification and sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, http://www.dnb.com/

- 15 -the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR records to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(FAR 52.204-7/DFARS 252.204-7004)

I1.09 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007)

(a) DEFINITIONS. As used in this clause—

(1) Commercial item has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

(2) Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2)(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceed $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 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(a)).

(iv) 52.222.36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

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

13201). (Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(FAR 52.244-6)

I1.19 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in…