Solicitation Australia FINAL.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

Prescribed by GSAFAR (48 CPR) 53.212

SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-08-1427

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-09-R-0202

6. SOLICITATION ISSUE DATE

January 28, 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Nicholas Ignacio

Email: nicholas.ignacio@dla.mil

b. TELEPHONE NUMBER (no collect calls)

(703) 767-9526

FAX: (703) 767-8506

8. OFFER DUE DATE/LOCAL TIME

March 2, 2009

3:00 P.M. Eastern StandardTime (EST)

9. ISSUED BY CODE

SP0600 10. THIS ACQUISITION IS

⌧UNRESTRICTED

�SET ASIDE % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12.DISCOUNT

TERMS

Defense Energy Support Center 8725 John J. Kingman Road, Suite 4950

�SMALL BUSINESS

�SMALL DISADV BUSINESS

MARKED

� SEE SCHEDULE

Fort Belvoir, VA 22060-6222 Buyer/Symbol: Nicholas Ignacio/DESC-PLC

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

UNDER DPAS (15 CFR 700)

Phone: (703)767-9526 Fax: (703) 767-8506 NAICS: 424720 / 324110 13b. RATING

SIZE STANDARD: 14. METHOD OF SOLICITATION

PP 1.8 T Australia �RFQ �IFB ⌧RFP

15. DELIVER TO CODE 16 . ADMINISTERED BY CODE

SEE SCHEDULE

SEE BLOCK 9

17a. CONTRACTOR/OFFEROR

BIDDER CODE

FACILITY

CAGE

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. FAX NO:

SEE CLAUSE F30.01

�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 Attached)

25. ACCOUNTING AND APPROPRIATION DATA

TO BE CITED ON EACH DELIVERY ORDER

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

⌧27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-3. FAR 52.212-4 AND 52.212-5. 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)

MARTY D. PRATT

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

SP0600-09-R-0202 – Australia PC&S Page 2 of 37

DESC-PLC January 28, 2009

Ladies and Gentlemen:

Request for Proposal (RFP) SP0600-09-R-0202 Australia PC&S, Purchase Program 1.8T is issued to solicit the following requirements:

ITEM ESTIMATED

NUMBER QUANTITY UI

UNITED STATES AIR FORCE

700 ALICE SPRINGS

AS, USAF, DET 11, ESD

NORTHERN TERRITORY, AUSTRALIA

DELIVERY DODAAC: FY1010

BILLING DODAAC : FY1010

ORDERING OFFICE: CHIEF SUPPLY AND SERVICES

ORDERING DODAAC : FY1010

JOINT DEFENSE FACILITY PINE GAP

FINANCE OFFICE

P.O. BOX 2477

ALICE SPRINGS, NT AUSTRALIA 0871

EMAIL: JDFPG_USGFIN@RAYAUSOPS.COM.AU

(PHONE) 011 618 8951 2054

(FAX) 011 618 8951 2934

700-28 GASOLINE, REG UNL (MUR) 72,000 GL

NSN: 9130-00-148-7103

AUSTRALIAN SPEC 1876

VOLATILITY CLASS:

1 OCT - 31 MAR: CLASS C

1 APR - 30 SEP: CLASS E

AF FUNDED ITEM

TANK WAGON (TW), INTO

1/5,000 GALLON TANK

DELIVERY: APPROXIMATELY 6,000 GALS EVERY 4 MONTHS

FUEL IS NOT CAPITALIZED

700-A2 AUSTRALIAN DIESEL FUEL (AS2) 14,000,000 GL

NSN: 9140-66-147-7989

AUSTRALIAN SPEC 3570

AF FUNDED ITEM

TANK TRUCK (TT), AND/OR

TANK TRK/TRL (TTR) OR (TRIPLE ROAD TRAIN) OR

DOUBLE A B TRAIN INTO

10/40,000 GALLON TANKS

DELIVERY: APPROXIMATELY 95,000 GALS PER WEEK

DELIVERIES CAN BE ACCEPTED 24 HOURS A DAY, 7 DAYS

A WEEK -- EXCEPT NO ARRIVALS OR DEPARTURES BETWEEN

0700-0800 AM AND 1530-1630 PM DAILY.

FUEL IS NOT CAPITALIZED

SP0600-09-R-0202 – Australia PC&S Page 3 of 37

ADDITIONAL INFORMATION

A. CLOSING DATE: March 2, 2009, 3:00 P.M. LOCAL TIME FORT BELVOIR, VA, USA. Any offer that is received after 3:00 P.M. will be considered late and may be determined unacceptable. Please see Clause L2.05- 5, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DESC APR 2008). Offerors are instructed to fill out the Offeror Submission Package (OSP) in its entirety and send their offer via facsimile or electronic mail. Please see Clauses L2.11-2 and L2.11-4 for information regarding these submission methods.

DESC-PLC’s facsimile number is (703) 767-8506, and electronic mail submissions should be to the attention of Nicholas Ignacio at Nicholas.Ignacio@dla.mil. Please include your e-mail address and company web site address with your offer (if you have one).

B. The contract awarded as a result of this solicitation will be “Requirements Type, Fixed Price with Economic

Price Adjustment.” The resulting contract will be for a three (3) year performance period. The product quantities listed are the estimated quantities for the entire three (3) year performance period.

C. AMENDMENTS: Offerors must acknowledge receipt of any and all amendments to this solicitation by signing and returning the amendment with their offer.

D. The economic price indicators are from Platt’s Oilgram Price Report, Singapore. Please see Clause B19.02 for details. The Base Reference Date and price calculation are effective January 19, 2009 and are based on daily prices. Prices will be escalated daily. The Base Reference Prices are $1.2998 for Gasoline and $1.4298 for Diesel.

E. The transportation price index is taken from Australasian Transport News. Transportation rates will be escalated for road rates only, from terminal gate to the receiving activity. Please include transportation cost for each line item as a separate line. The reference index price is 146.2963 with an effective date of September 2008, posted December 1, 2008. The transportation rate will be adjusted quarterly, and changes are posted within three months of the last day of the prior quarter (For example, adjustments from June to September will be made on or before the first day of December). Transportation rates will be escalated the 1st day of the month after the new index price is posted (For example: a new index price posted July 10 will not be entered into the price escalation until August 1). Please see Clause B25.02 for more information about transportation escalation.

F. Offers submitted with a price escalation basis or timeframe other than solicited in Clause B19.02 will be evaluated in accordance with Clause M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DESC JAN 1998). Offerors submitting prices under Clause M3.01 must submit a one-year pricing history of its basis for offers including any alternate escalation provisions to facilitate equal evaluation where uncommon escalators are proposed. See OSP, Attachment 2 for instructions and worksheet for submitting pricing history.

G. Delivery Conditions: Review the delivery conditions noted on page 5 of the Offeror Submission Package (OSP) for specific security requirements for drivers delivering product on site and Free Time and Detention Rates {fill-in required} applicable to the diesel fuel delivery.

H. CERTIFICATIONS: Please complete and submit the forms contained in the OSP, including all Offeror Fill-In

Clauses, as your offer. All clauses that require fill-in information are included in the OSP. Please be certain to identify all exceptions to the solicitation’s terms and conditions with your initial offer. Please keep the solicitation package for your records.

I. LOWEST PRICE TECHNICALLY ACCEPTABLE: Please be advised that the Government will be awarding contract(s) to the responsible offeror(s) on the “Lowest Price Technically Acceptable Basis.”

J. FAR Clause I1.20-1 is included on Page 32 of this solicitation. The clause lists out all clauses incorporated by reference (IBR) and provides guidance to you for locating the clauses. Please be advised that offerors are responsible for complying with the referenced clauses as if they appeared in full text.

SP0600-09-R-0202 – Australia PC&S Page 4 of 37

K. All U.S. contractors must be registered in the Central Contractor Registration in order to receive a contract. In addition, foreign offerors are strongly encouraged to register. See Clause I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007), incorporated by reference, for further information.

L. DEBARRED NOTICE: Any contract awarded to an offeror who, at the time of award, is suspended, ineligible, or debarred from receipt of a contract with Government agencies, or in receipt of a notice of proposed debarment from any Government agency, is void-able at the option of the Government.

M. EMERGENCY POINT OF CONTACT: DESC contact point and telephone number for emergency situations during after duty hours:

Contingency Plans and Operations Division – (703) 767-8420.

N. It is the offeror’s responsibility to review all terms and conditions of the solicitation in their entirety. For clarification, explanations, or additional information, please contact the Contract Specialist, Nick Ignacio, at

(703) 767-9526, or e-mail nicholas.ignacio@dla.mil.

MARTY PRATT

CONTRACTING OFFICER

GROUND FUELS DIVISION II

DIRECT DELIVERY FUELS

SP0600-09-R-0202 – Australia PC&S Page 5 of 37

SOLICITATION CLAUSE INDEX

SCHEDULE

CLAUSE NO. CLAUSE TITLE PAGE

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII)

(DESC SEP 2005)

REQUIRED REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

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

CONTRACTOR REGISTRATION (MAY 1999)

IBR

I1.03-3 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (NON-

PORTS INTERNET APPLICATION) (DESC FEB 2007)

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2009)

IBR

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (SEP 2008)

IBR

L2.05-5 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S)

(DESC JUN 2008)

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

2004/OCT 1997)

IBR

ADDENDUM 1: PRE-AWARD SOLICITATION PROVISIONS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(ALTERNATES I/II) (JUN 2008/APR 2002/OCT 2000)

IBR/OSP

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(JUN 2005)

IBR/OSP

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) OSP

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (OCT 2006)

OSP

K86 FOREIGN TAXES (DESC JUN 1987) OSP

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008) IBR/OSP

L2.10 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) IBR

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

L2.11-2 FACSIMILE PROPOSALS (OCT 1997) 16

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 16

L5.01-1 AGENCY PROTESTS (APR 2006) – DLAD 17

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(JUN 2001) – DLAD

L54 SITE VISIT (DESC OCT 1992) 17

L74 TYPE OF CONTRACT (APR 1984) IBR

SP0600-09-R-0202 – Australia PC&S Page 6 of 37

ADDENDUM 1: PRE-AWARD SOLICITATION PROVISIONS CONTINUED

M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED

(DESC JAN 1998)

M55 CONVERSION FACTORS (DESC MAR 2007) 18

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 19

LIST OF ATTACHMENTS

SF FORM 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1

OSP OFFEROR SUBMISSION PACKAGE ATTACHED

M3.01 PRICE HISTORY INSTRUCTIONS/WORKSHEET FOR UNCOMMON

ESCALATORS

OSP ATCH 1

ADDENDUM 2: POST-AWARD SOLICITATION CLAUSES

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DESC MAY 2007) 20

B25.02 ECONOMIC PRICE ADJUSTMENT - TRANSPORTATION RATES

(OVERSEAS PC&S) (DESC MAY 2007)

C1 SPECIFICATIONS (DESC JAN 1997) 23

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 23

C16.18-7 GASOLINE, AUTOMOTIVE, UNLEADED (REGULAR) (PC&S) (AUSTRALIA)

(DESC MAR 2006)

C16.26 FUEL OIL, DIESEL (DF1/DF2) (OVERSEAS) (PC&S) (DESC JUN 2006) 24

C16.26-6 FUEL OIL, DIESEL, AUTOMOTIVE (PC&S) (AUSTRALIA) (DESC MAR 2006) 24

E5 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996) IBR

E12 POINT OF ACCEPTANCE (DESC MAY 1969) 24

E21.01 SUPPLEMENTAL INSPECTION (OVERSEAS) (DESC JUL 1999) 25

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 25

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 26

F1.01-1 DELIVERY CONDITIONS FOR TRANSPORT TRUCKS, TRUCKS AND

TRAILERS, AND TANK WAGONS (DESC APR 1997)

F1.09-1 ANNOTATION OF SHIPPING DOCUMENTS (DESC AUG 1999) 27

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DESC OCT 2008) 28

SP0600-09-R-0202 – Australia PC&S Page 7 of 37

ADDENDUM 2: POST-AWARD SOLICITATION CLAUSES CONT’D

F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002) 30

F18 F.O.B. DESTINATION (NOV 1991) IBR

F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DESC APR 1998) 30

F51 SHIPMENT AND ROUTING (OVERSEAS) (DESC NOV 2005) 31

F105 VARIATION IN QUANTITY (APR 1984) IBR

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

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DESC MAR 2003)

OSP

G9.11 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC

FUNDS TRANSFER INFORMATION (MAY 1999)

IBR

G18 ACCOUNTING AND APPROPRIATION (DESC FEB 1968) 31

G150.07 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S)

(DESC DEC 2000)

G162.08 EXCHANGE RATES - ADJUSTMENT FOR FLUCTUATION (DESC AUG 1994) 32

I1.01-1 DEFINITIONS (DESC FEB 1998) 33

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A)

(APR 2008/SEP 2007)

IBR

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(DESC JAN 2003)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE -- COMMERCIAL

ITEMS (DESC FEB 1996)

I11.04 BANKRUPTCY (JUL 1995) IBR

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

I27 GRATUITIES (APR 1984) IBR

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

I33 INTEREST (JUN 1996) IBR

I84 REQUIREMENTS (OCT 1995) IBR

I86-03 DELIVERY-ORDER LIMITATIONS (PC&S) (DESC FEB 2006) 36

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) IBR

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DESC MAY 1978)

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS

(DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (PC&S) (DESC APR 2003) 37

I211 ORDERING (OCT 1995) IBR

I225 PAYMENTS (APR 1984) IBR

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(JUL 1995)

IBR

I350 APPLICABLE LAW FOR BREACH (OCT 2004) IBR

K15.02 RELEASE OF UNIT PRICES (PC&S/BUNKERS/INTO-PLANE) (DESC APR 2005) 37

SP0600-09-R-0202 – Australia PC&S Page 8 of 37

B1.05 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DESC SEP 2005)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard Form 1449 or DD Form 1155 within 24 hours.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as single-year requirements.

SUPPLIES, DELIVERY POINTS, ESTIMATED VEHICLE GL OFFER

ITEMS AND METHOD OF DELIVERY QUANTITY CAPACITY PRICE

700-28 GASOLINE, REG UNL (MUR) 72,000 USG MUST BE TW $________

NSN: 9130-00-148-7103

AUSTRALIAN SPEC 1876

VOLATILITY CLASS:

1 OCT - 31 MAR: CLASS C

1 APR - 30 SEP: CLASS E

700-A2 AUSTRALIAN DIESEL FUEL (AS2) 14,000,000 USG

NSN: 9140-66-147-7989

AUSTRALIAN SPEC 3570

TANK TRUCK (TT) AND/OR TANK TRK/TRL (TTR) ___________ $________

OR TRIPLE ROAD TRAIN (TRIPLE ROAD TRAIN) ___________ $________

OR DOUBLE A B TRAIN ___________ $________

SP0600-09-R-0202 – Australia PC&S Page 9 of 37

DELIVERY CONDITION NOTES:

(1) All drivers are subjected to a Government of Australia police check, for security purposes, prior to approval for unescorted access to the refueling station. At contract award, if the successful vendor’s drivers have not yet been cleared, the delivery hours are restricted to Monday-Friday 0800 to 1500 until clearance has been completed. The successful offeror will be requested to provide necessary information for each driver to the Ordering Officer immediately after contract is awarded.

(2) The Alice Springs Ordering Officer may on rare occasions be required to restrict delivery hours to daylight or other than 24 hours because of acts of terrorism or other special conditions when 24 hour delivery is not feasible on the facility.

(3) Vehicle configurations normally used in Australia vary from the standard U.S. Tank Truck and/or Truck and

Trailer delivery modes of transportation. Each offeror is requested to specify which mode of truck delivery and the capacity of that method offered for Line Item 700-A2 Diesel deliveries, on the lines above.

(4) The Government is entitled to FREE TIME to allow complete delivery by the specified mode of delivery.

Standard TT/TTR vehicles rate is one hour. Truck train configurations standard rate is 5 hours. Note that pursuant to Clause F1.01-1 paragraph (5) that the Contractor is required to present delivery equipment and product in condition at destination so as to permit complete off-loading within the prescribed free time.

Offerors must allow in the offer prices for FREE TIME sufficient to complete delivery via the offered method of delivery.

(5) Contractor may be paid for detention beyond free time for delays caused by the Government – not including gate security measures, only delay at the delivery point. Detention does not apply to Tank Wagon deliveries (Item 700-28).

(A) Rate for detention [Offeror should fill-in rate] beyond prescribed free time of one hour (1) for Transport Trucks and/or Truck and Trailer and five hours (5) for road train configurations [hourly rates will be prorated in quarter hour increments]:

• Additional Free time for unloading a transport truck, excluding multiple drop deliveries, or truck and trailer or Road Train in excess of one hour: _______________.

• Rate for detention beyond free time: ____________________________________________.

SPECIAL NOTE (EXCHANGE RATE):

Exchange rates for the Australian Dollar will be taken from the Reserve Bank of Australia, which are obtainable from the following web site: http://www.rba.gov.au/Statistics/HistoricalExchangeRates/index.html. The exchange rate for 19 January 2009 is USD 0.6810.

(DESC 52.207-9F55)

SP0600-09-R-0202 – Australia PC&S Page 10 of 37

REQUIRED REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

I1.03-3 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (PC&S) (NON-PORTS INTERNET

APPLICATION) (DESC FEB 2007)

(a) INSPECTION/ACCEPTANCE.

(1) 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 (i) within a reasonable time after the defect was discovered or should have been discovered, and (ii) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(2) Also see the NONCONFORMING SUPPLIES AND SERVICES clause in 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. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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 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 item 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, and

(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.

(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 Stated 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.

SP0600-09-R-0202 – Australia PC&S Page 11 of 37

Clause I1.03-3 Continued

(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 Addendum 2.

(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

SP0600-09-R-0202 – Australia PC&S Page 12 of 37

Clause I1.03-3 Continued

(9) The specification.

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

(FAR 52.212-4, tailored/DESC 52.212-9F50)

L2.05-5 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DESC JUN 2008)

(a) AMENDMENTS TO SOLICITATIONS. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(b) MASTER SOLICITATION.

(1) This solicitation is [ X ], is not [ ] a master solicitation for the __Australia 1.8T ___________________ Purchase Program. If this is a master solicitation, it will contain the terms and conditions for this solicitation and for future supplemental solicitations in the program year. Each supplemental solicitation will incorporate by reference the same terms and conditions as this master solicitation, except as specifically stated in that supplemental solicitation. The identical terms and conditions will not be repeated. (Therefore, if this is a master solicitation, it should be retained for the duration of the program.) However, each supplemental solicitation will be considered a separate and individual solicitation.

(2) The initial opening/closing date for the solicitation is January 28, 2009/March 2, 2009 Subsequent openings/closings for future requirements will be on an as-required basis starting with the first supplemental solicitation and thereafter until the end of the program ordering period as stated in the solicitation.

(c) SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF OFFERS.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, signed and dated offers and modifications thereto shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror at or before the exact time specified in this solicitation. Offerors using commercial carriers should ensure that the offer is marked on the outermost wrapper with the information in subdivisions (i) and (ii) above. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.

(2) The first page of the offer must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) Include name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(iv) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(v) Terms of any express warranty;

(vi) Price and any discount terms; and

(vii) A completed copy of the representations and certifications in the Offeror Submission Package. See FAR 52.212- 3(b) for those representations and certifications that the offeror shall complete electronically.

(3) IFBs ONLY.

(i) Facsimile bids _________ authorized for this solicitation.

(ii) EVALUATION - Net Payment Terms. Offers under an IFB that include net payment terms less than 30 days will be determined nonresponsive.

(iii) Prices shall be offered on an economic price adjustment basis only. Firm prices will be nonresponsive and will be rejected.

(iv) The prices set forth on the Price Data Sheet in the block marked “Bid Price” will be a per gallon price. These prices shall not exceed six digits to the right of the decimal (e.g., $1.030454).

(4) RFPs ONLY.

(i) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or that reject the terms and conditions of the solicitation may be excluded from consideration.

(ii) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(d) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

SP0600-09-R-0202 – Australia PC&S Page 13 of 37

Clause L2.05-5 Continued

1449). However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish an item that it did not itself manufacture, is 500 employees.

(e) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for _____ calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(f) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(g) MULTIPLE OFFERS. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(h) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(i) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(j) Proposals submitted in response to this solicitation shall be in English and in U.S. dollars unless otherwise permitted by the solicitation.

(k) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(l) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(m) CONTRACT AWARD.

(1) RFPs ONLY (not applicable to IFBs).

(i) While the Government intends to evaluate offers and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

(ii) If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

(iii) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

SP0600-09-R-0202 – Australia PC&S Page 14 of 37

(2) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, cost or price and other factors (including subfactors) specified elsewhere in this solicitation, considered.

(3) The Government may reject any or all offers if such action is in the Government’s interest.

(4) The Government may waive informalities and minor irregularities in offers received.

(5) The Government may accept any item or group of items of a proposal, unless the offeror qualifies the proposal by specific limitations. Unless otherwise provided in the Schedule, proposals may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(6) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

(7) The Government may disclose the following information in postaward debriefings to other offerors:

(i) The overall evaluated cost or price and technical rating of the successful offeror;

(ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection;

(iii) A summary of the rationale for award; and

(iv) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(n) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA, FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION

470 EAST L’ENFANT PLAZA, SW, SUITE 8100

WASHINGTON, DC 20407

TELEPHONE: (202) 619-8925

FAX: (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the address in (i) above. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk at (215) 697-2179, Monday through Friday, 0730 to 1600 EST; or

(iii) Ordering from--

DEPARTMENT OF DEFENSE SINGLE STOCK POINT (DoDSSP)

BUILDING 4, SECTION D

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5094

TELEPHONE: (215) 697-2667/2179

FAX: (215) 697-1462

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(o) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding $3,000 and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.)

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. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the

SP0600-09-R-0202 – Australia PC&S Page 15 of 37 internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(p) CENTRAL CONTRACTOR REGISTRATION (CCR). Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors 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.

(q) DEBRIEFING. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(FAR 52.212-1, tailored/DESC 52.212-9F20)

SP0600-09-R-0202 – Australia PC&S Page 16 of 37

ADDENDUM 1: PRE-AWARD SOLICITATION PROVISIONS

L2.11-2 FACSIMILE PROPOSALS (OCT 1997)

(a) DEFINITION. Facsimile proposal, as used in this provision, means a proposal, revision, or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is (703)-767-8506.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(FAR 52.215-5)

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

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(b) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address: Nicholas.Ignacio@dla.mil.

(2) The Defense Energy Support Center accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain a signature.

(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(e) Proposals submitted electronically through a single e-mail must be no more than 15 MB. DESC’s mail server will reject messages larger than 15 MB.

(f) The DESC e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s…