OFFEROR SUBMISSION PACKAGE 09R0203.pdf
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- UNSUCCESSFUL BID/PROPOSAL NOTICE
- Solicitation number
- SP0600-09-R-0203
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Defense Logistics Agency Energy
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Offeror Submission Package for Solicitation SP0600-09-R-0203
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| File | Type | Posted |
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| AMENDMENT 0005.pdf | ||
| AMENDMENT 0004.pdf | ||
| AMENDMENT 0004.pdf | ||
| AMD0003 B20 Corrections and New Line Items.pdf | ||
| AMENDMENT 0002.pdf | ||
| AMENDMENT 0002.pdf | ||
| AMENDMENT 0001.pdf | ||
| COG 7 _SP0600-09-R-0203_ SOLICITATION.pdf |
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OFFEROR SUBMISSION
PACKAGE
SOLICITATION: SP0600-09-R-0203 COG 7 PC&S PROGRAM
THE ENCLOSED SOLICITATION COVERS THE PERIOD: 1 SEPTEMBER 2009
THROUGH: 31 AUGUST 2012
INSTRUCTIONS:
1. The original completed package must be returned to Gladys Morales, /DESC-PLC/RM 3938/Defense Energy Support Center/8725 John J. Kingman Road, Suite 3938/Fort Belvoir, VA 22060-6222 as your offer.
All documents requiring fill-in or completion are contained in this Offeror Submission Package (OSP):
X Standard Form SF 1449, Solicitation/Contract/Order for Commercial Items
X All applicable fill-in clauses
X Price Data Sheet - Attachment A
X Price Data Sheet for the Evaluation Preference- Attachment B
X Data Sheet for Proposed Escalator Changes- Attachment C
X Base Reference Prices
2. Please review all offer prices submitted. Offers must shown as price per gallon (e.g. $0.0000), not price differentials. Prices should be listed on the price data sheet provided. The price data may be reproduced as needed.
3. Please review your offer package for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form 1449 in ink.
4. Facsimile Proposals may be submitted in accordance with Clause L2.11-3 FACSIMILE PROPOSALS –
COMMERCIAL ITEMS (NOV 1999).
5. Electronic Proposals may be submitted in accordance with Clause L2.11-4 E-MAIL PROPOSALS (DESC
APR 2005).
6. By submitting this package, you accept the terms and conditions of the entire solicitation, and that these terms and conditions are applicable to your offer, unless exceptions are clearly stated herein.
SOLCITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
SP0600-08-1428/1429
2. CONTRACT NUMBER
3. AWARD/EFFECTIVE DATE
See Block 31C
4. ORDER NUMBER
5. SOLICITATION NUMBER
SP0600-09-R-0203
6. SOLICITATION ISSUE DATE
6 February 2009
7. FOR SOLICITATION
INFORMATION CALL:
Gladys Morales
(703) 767-9511
a. NAME GLADYS MORALES Email: Gladys.Morales@dla.mil
b. TELEPHON9 NUMBER
(703) 767-9504
FAX: (703) 767-8506
8. OFFER DUE DATE/LOCAL9TIME
9 March 2009; 3:00 pm
LOCAL TIME FT. BELVOIR, VA
9. ISSUED BY CODE
SP0600 10. THIS ACQUISITION IS
⌧UNRESTRICTED
SET ASIDE
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: Gladys Morales/DESC-PLC
8(A) 13a. THIS CONTRACT IS RATED ORDER
UNDER DPAS (15 CFR 700)
Phone: (703) 767-9511 NAIS: 424720 / 324110 13b. RATING
E-mail: Gladys.Morales@dla.mil SIZE STANDARD: 500 14. METHOD OF SOLICITATION
PP 3.27 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 CLAUSES G150.03-1, G150.06, G150.06-2, and G150.11
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 Schedule in Master Solicitation)
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)
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
OSP 2
C16.69 FUEL SPECIFICATIONS (PC&S) (DESC MAY 2007)
Supplies delivered under this contract shall conform to all Federal, State, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. This includes delivery of fuel and documentation in a manner consistent with any existing or after-imposed Title V (Clean Air Act) Permits. The list of such requirements contained in this contract is not intended to be a complete list, and the Contractor shall be responsible for determining the existence of all such requirements. Selected regional environmental requirements are highlighted in the SPECIFICATIONS (CONT’D) clause. In the event that a Federal, State, or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be considered to be a nonconforming supply. Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as cited below.
NOTE: Gasoline, gasohol and reformulated gasoline Reid Vapor Pressure (RVP) specification requirements are seasonal and vary geographically throughout the United States. Therefore, Contractors are expected to know the local, State, or Federal RVP requirements of areas being supplied and comply with those requirements.
(a) GASOLINE, AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM. Product shall conform to ASTM D 4814, as modified below.
(1) OCTANE REQUIREMENTS.
(i) Unleaded automotive gasoline shall meet the Anti-Knock Index (AKI) requirements shown in the table below.
DESC
PRODUCT
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE AKI, MINIMUM
9130-00-148-7103 Gasoline, Regular Unleaded MUR 87 9130-01-272-0983 Gasoline, Midgrade Unleaded MUM 89 9130-00-148-7104 Gasoline, Premium Unleaded MUP 91
(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with figures X1.2 and X1.3 of
ASTM D 4814.
(iii) For regular unleaded gasoline, in addition to an AKI of 87 minimum, the MON must not be less than 82.
(2) OXYGENATE REQUIREMENTS.
(i) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, supplies shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.
(ii) Blending of oxygenates into gasoline to meet oxygenated fuel requirements shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.
(3) See the SPECIFICATIONS (CONT'D) clause for additional regional gasoline requirements.
(b) GASOHOL, AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM. Products shall conform to Commercial Item Description (CID) A-A-52530 dated October 10, 1995, as modified below. In accordance with Executive Order 12261 of January 5, 1981, "Gasohol in Federal Motor Vehicles," Gasohol may be considered an acceptable substitute for Unleaded Gasoline. The Unleaded Gasoline items that permit the substitution of Gasohol are identified in the Schedule. Contractors are required to state, for each line item in their offer, whether Gasohol will be provided. Contractors will not be permitted to substitute Unleaded Gasoline under line items awarded as gasohol. Also, Contractors are not permitted to substitute gasohol for gasoline under line items awarded as gasoline, except when Government regulations mandate use of fuel containing an oxygenate for control of carbon monoxide pollution.
(1) OCTANE REQUIREMENTS.
(i) Unleaded automotive gasohol shall meet the AKI requirements shown in the table below.
DESC
PRODUCT
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE AKI, MINIMUM
9130-01-090-1093 Gasohol, Regular Unleaded GUR 87 9130-01-355-2393 Gasohol, Midgrade Unleaded GUM 89 9130-01-090-1094 Gasohol, Premium Unleaded GUP 91
(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with figures X1.2 and X1.3 of
ASTM D 4814.
(iii) For regular unleaded gasohol, in addition to an AKI of 87 minimum, the MON must not be less than 82.
OSP 3
C16.69 cont’d
(2) OXYGENATE REQUIREMENTS.
(i) Ethanol concentration shall be between 9 and 11 volume percent.
(ii) Blending of ethanol into gasoline to make gasohol shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.
(3) See the SPECIFICATIONS (CONT’D) clause for additional regional requirements affecting gasohol.
(c) REFORMULATED GASOLINE, AUTOMOTIVE, UNLEADED, GRADES REGULAR, MIDGRADE, AND PREMIUM.
Product shall conform to ASTM D 4814 , as modified by the Environmental Protection Agency (EPA) requirements detailed in 40 CFR Part 80 - "Regulation of Fuels and Fuel Additives; Subpart D Reformulated Gasoline”. In part, these regulations mandate that Phase II complex model reformulated gasoline must meet three emissions performance requirements when compared to the baseline gasoline marketed by a refiner in 1990: a 27 percent reduction in emissions of volatile organic compounds (VOCs), a 22 percent reduction in emissions of toxic pollutants, and a 7 percent reduction in emissions of oxides of nitrogen (NOx). Further, Phase II complex model reformulated gasoline must meet two compositional requirements: 1.3 volume percent maximum benzene and no heavy metals (lead and manganese are examples of such metals).
(1) OCTANE REQUIREMENTS.
(i) Reformulated gasoline shall meet the AKI requirements shown in the table below.
DESC
PRODUCT
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE AKI, MINIMUM
9130-01-388-4080 Reformulated Gasoline, Regular MRR 87 9130-01-388-4513 Reformulated Gasoline, Midgrade MMR 89 9130-01-388-4524 Reformulated Gasoline, Premium MPR 91
(ii) Reductions for altitude and seasonal variations are allowed for all AKI values in accordance with figures X1.2 and X1.3 of
ASTM D 4814.
(2) OXYGENATE REQUIREMENTS.
(i) In order to achieve minimum/maximum oxygen content limits specified per Federal, State, and local environmental requirements, suppliers shall only include oxygenates that are permitted by environmental regulations applicable to the time and place of delivery.
(ii) Blending of permissible oxygenate into reformulated gasoline shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet contract requirements.
(3) See the SPECIFICATIONS (CONT'D) clause for additional regional reformulated gasoline requirements.
(d) DIESEL FUEL.
(1) APPLICABLE TO ALL DIESEL GRADES.
(i) ADDITIVES.
(A) A fuel stabilizer additive conforming to MIL-S-53021 may be blended into the fuel to improve the suitability of fuel for long term storage. Permissible additive concentrations are specified in the latest revision of QPL-53021.
(B) A corrosion inhibitor/lubricity improver additive may be blended into the fuel to inhibit corrosion and improve fuel lubricity. Permissible additive concentration limits are specified in the latest revision of QPL 25017.
(C) A fuel system icing inhibitor may be blended into the fuel to purge small quantities of water from the fuel and prevent the formulation of ice crystals. The additive concentration shall not exceed 0.15 volume percent when tested in accordance with ASTM D 5006.
(ii) BLENDING. Blending one grade of diesel fuel with another grade, or other compatible components, to produce a different grade or a variation within a grade is permitted. However, such blending shall be accomplished by mechanical mixing or agitation in a tank, or in-line blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the desired fuel.
(iii) LOW TEMPERATURE OPERABILITY. The low temperature performance of diesel fuel shall be defined by one of the following two properties: Cloud Point or Cold Filter Plugging Point.
(A) CLOUD POINT. Unless a more restrictive cloud point limit is specified in the contract schedule, the cloud point shall be equal to or lower than the tenth percentile minimum ambient temperature specified in Appendix X4 of ASTM D 975.
(B) COLD FILTER PLUGGING POINT (CFPP). Unless a more restrictive CFPP limit is specified in the contract schedule, the maximum CFPP shall be 10 degrees Celsius below the tenth percentile minimum ambient temperature specified in Appendix X4 of
ASTM D 975.
(iv) DYE. As a means of identification, the Internal Revenue Service (IRS) requires that a red dye, identified as Solvent Red 164 (alky derivatives of azo benzene azo naphthol), must be added to all nontaxable diesel and all nontaxable kerosene used for purposes other than military jet fuel. The definitions of diesel and kerosene are provided in 26 CFR Section 48.4081-1. The minimum concentration is provided in 40 CFR Part 80.
OSP 4
(2) APPLICABLE TO GRADES DS2, DS1, DSS, DSW, LS2, LS1, LSS, LSW, HS2 AND HS1 ONLY. Product shall conform to commercial specification ASTM D 975. In accordance with this specification, product shall be visually free of undissolved water, sediment, and suspended matter. Product classification is shown below.
ULTRA-LOW SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-01-524-0139 Grade Number 2-D S15 (ULSD) DS2 0.0015 wt% No 9140-01-524-5174 Grade Number 1-D S15 (ULSD) DS1 0.0015 wt% No 9140-01-541-6760 Grade Number 2-D S15 (ULSD) DSS 0.0015 wt% Yes 9140-01-541-6767 Grade Number 1-D S15 (ULSD) DSW 0.0015 wt% Yes
LOW SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-01-398-0697 Grade Number 2-D S500 (“low sulfur No.2-D”) LS2 0.05 wt% No 9140-01-398-1130 Grade Number 1-D S500 (“low sulfur No.1-D”) LS1 0.05 wt% No 9140-01-413-4919 Grade Number 2-D S500 (“low sulfur No.2-D”) LSS 0.05 wt% Yes 9140-01-413-7494 Grade Number 1-D S500 (“low sulfur No.1-D”) LSW 0.05 wt% Yes
HIGH SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-01-398-1395 Grade Number 2-D S5000 (“regular No.2-D”) HS2 0.50 wt% Yes 9140-01-398-1422 Grade Number 1-D S5000 (“regular No.1-D”) HS1 0.50 wt% Yes
(3) APPLICABLE TO GRADES DLS, DLW, DF2, AND DF1 ONLY. Product shall conform to commercial specification ASTM D 975. In addition, product shall contain no more than 10 milligrams/liter (mg/L) of particulates as measured by ASTM D 6217. Product classification is shown below.
LOW SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-01-413-7511 Grade Number 2-D S500 (“low sulfur No.2-D”) DLS 0.05 wt% Yes 9140-01-412-1311 Grade Number 1-D S500 (“low sulfur No.1-D”) DLW 0.05 wt% Yes
HIGH SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-00-286-5294 Grade Number 2-D S5000 (“regular No.2-D”) DF2 0.50 wt% Yes 9140-00-286-5286 Grade Number 1-D S5000 (“regular No.1-D”) DF1 0.50 wt% Yes
OSP 5
(4) APPLICABLE TO DIESEL GRADE NUMBER 1 ONLY. DESC frequently requires Number 1 diesel fuel grades when it is anticipated that the fuel may be exposed to temperatures below 10 degrees Fahrenheit (-12 degrees Celsius). These products shall conform to ASTM D 975 and additional requirements as specified above for each DESC product code. Although the Government does not encourage such actions, Contractors electing to deliver kerosene or Jet A to meet Number 1 diesel fuel requirements must—
(i) Provide certification to the Contracting Officer prior to 1 October of each year that the kerosene or Jet A will meet requirements applicable to the specific product code, including particularly, sulfur, dye, lubricity, viscosity and cetane index; AND
(ii) For each delivery, submit relevant documents (delivery tickets, bills of lading, etc.) indicating that Number 1 diesel fuel is being delivered.
(5) See the SPECIFICATIONS (CONT’D) clause for additional regional diesel requirements.
(e) FUEL OIL, BURNER (VIRGIN FUEL OILS). Applicable to all burner fuel oil grades. Product shall conform to ASTM D 396, as modified by the requirements of paragraphs (1) through (7) below. Product classification is shown in the table below. PRODUCT CONTAINING USED OIL SHALL NOT BE SUPPLIED. (See paragraph (f) below for DESC product codes, national stock numbers, and detailed requirements applicable to blends of residual fuel with recycled lubricating oil.)
DESC
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE PRODUCT CODE RED DYE
9140-01-546-1786 Fuel Oil, Burner No. 2 S500 FL2 Yes 9140-00-247-4366 Fuel Oil, Burner No. 1 S5000 FS1 Yes 9140-00-247-4365 Fuel Oil, Burner No. 2 S5000 FS2 Yes 9140-01-107-6139 Fuel Oil, Burner No. 4 (Light) FL4 Yes 9140-00-247-4360 Fuel Oil, Burner No. 4 FS4 No 9140-01-058-4431 Fuel Oil, Burner No. 5 (Light) FL5 No 9140-00-247-4359 Fuel Oil, Burner No. 5 (Heavy) FS5 No 9140-00-247-4354 Fuel Oil, Burner No. 6 FS6 No
(1) These residual grades of burner fuel oil (Grades No. 4, No. 4(Light), No. 5(Light), No. 5(Heavy), and No. 6) shall consist of fossil-derived hydrocarbon stock. They may not contain used oil or other recycled petroleum components.
(2) SULFUR REQUIREMENT. Refer to the Schedule for the maximum allowable sulfur content of Burner Oil, Grades No. 4, No. 4(Light), No. 5(Light), No. 5(Heavy), and No. 6. The maximum allowable sulfur content for Burner Oil, Grades No. 1 S5000 and No. 2 S5000, shall be 0.50 weight percent or per State/local environmental requirements, whichever is more stringent. The maximum allowable sulfur content for Burner Oil, Grade No. 2 S500 shall be 0.05 weight percent.
(3) NITROGEN REQUIREMENT. The nitrogen content shall be tested using ASTM D 3228, Total Nitrogen in Lubricating Oils and Fuel Oils by Modified Kjeldahl Method, or ASTM D 4629, Trace Nitrogen in Liquid Petroleum Hydrocarbons by Chemiluminescence Detection. The nitrogen content is used to determine nitrous oxide (NOx) emissions in boiler systems as determined by State/local environmental agencies. The requirement applies for line items with Burner Oil No. 4, Burner Oil No. 5 (heavy), Burner Oil No. 5 (light), and Burner Oil No. 6.
The Contractor is required upon request from the Government to provide a copy of the test report, within two working days, that states the actual nitrogen content of fuel delivered.
(4) Blending of various compatible grades of burner oil to produce an intermediate grade is permitted, however, such blending shall be accomplished by mechanical mixing or agitation in a tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the grade produced.
(5) The maximum allowable ash content for Burner Oil, Grade No. 6, shall be .50 weight percent using ASTM D 874, Standard Test Method for Sulfated Ash from Lubricating Oils and Additives.
(6) Under United States regulations, Grades No. 1, 2, and 4(Light) are required by 40 CFR Part 80 to contain a sufficient amount of the dye Solvent Red 164 so its presence is visually apparent. At or beyond terminal storage tanks, they are required by CFR Part 48 to contain the dye Solvent Red 164 at a concentration spectrally equivalent to 3.9 pounds per thousand barrels of the solid dye standard Solvent Red 26.
(7) APPLICABLE TO FUEL OIL, BURNER, GRADE #1 ONLY. This product shall conform to ASTM D 396. Contractors electing to deliver kerosene (red dye) to meet No. 1 burner oil requirements must—
(i) Provide certification to the Contracting Officer prior to 1 October of each year that the kerosene will meet No. 1 burner oil specifications, including , specifically, viscosity, distillation, density and pour point, AND
(ii) For each delivery, submit relevant documents (delivery tickets, bills of lading, etc.) indicating that No. 1 burner oil is being delivered.
(iii) All kerosene delivered to meet No. 1 burner oil must be tax free, i.e., dyed in accordance with IRS regulations.
OSP 6
(f) FUEL OIL, BURNER, CONTAINING RECYCLED USED OILS, GRADES 4, 5(LIGHT), 5(HEAVY) AND 6. Product shall conform to ASTM D 6823, as modified by the requirements of paragraphs (1) through (5) below. Product classification is shown in the table below.
DESC
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE PRODUCT CODE
9140-01-468-9135 Fuel Oil, Burner, Grade RFC4 RF4 9140-01-468-9157 Fuel Oil, Burner, Grade RFC5L R5L 9140-01-468-9147 Fuel Oil, Burner, Grade RFC5H RF5 9140-01-468-9164 Fuel Oil, Burner, Grade RFC6 RF6
(1) SULFUR REQUIREMENT. Refer to the Schedule for the maximum allowable sulfur content of Grades 4, 5(Light), 5(Heavy), and 6.
(2) NITROGEN REQUIREMENT. The nitrogen content shall be tested using ASTM D 3228, Total Nitrogen in Lubricating Oils and Fuel Oils by Modified Kjeldahl Method, or ASTM D 4629, Trace Nitrogen in Liquid Petroleum Hydrocarbons by Chemiluminescence Detection. The nitrogen content is used to determine nitrous oxide (NOx) emissions in boiler systems as determined by State/local environmental agencies. The Contractor is required upon request from the Government to provide a copy of the test report, within two working days, that states the actual nitrogen content of fuel delivered.
(3) INCLUSION OF OFF-SPECIFICATION USED OIL PROHIBITED. 40 CFR Parts 266 and 279 define off-specification used oil. The supply of RF4, R5L, RF5, or RF6 containing off-specification used oil is not permitted.
[ ] The offeror represents that it will provide certified test reports with associated QC documents validating compliance with EPA used oil standards contained in 40 CFR Parts 266 and 279 or State/local requirements, whichever is more stringent, for all contract deliveries under the line items identified above to—
ATTN: DESC-BPE ROOM 2954
DEFENSE ENERGY SUPPORT CENTER
8725 JOHN J KINGMAN ROAD SUITE 4950
FORT BELVOIR VA 22060-6222
Offeror's EPA Identification Number: _______________________
(4) Blending of various compatible grades of burner oil to produce an intermediate grade is permitted, however, such blending shall be accomplished by mechanical mixing or agitation in tank, or by in-line blending, prior to loading the product into transport equipment, and the resultant product must meet all the requirements of the contract.
(5) The maximum allowable ash content for Burner Oil, Grade RF6, shall be 0.50 mass percent, using ASTM D 874, Standard Test Method for Sulfated Ash from Lubricating Oils and Additives.
(g) KEROSENE. Product shall conform to ASTM D 3699. Classification of product is shown below.
LOW SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-01-292-4460 Kerosene, Grade No. 1-K KS1 0.04 wt% max No 9140-01-461-3989 Kerosene, Grade No. 1-K KSR 0.04 wt% max Yes
HIGH SULFUR GRADES
DESC MAXIMUM
PRODUCT SULFUR
NATIONAL STOCK NUMBER PRODUCT NOMENCLATURE CODE CONTENT RED DYE
9140-00-242-6748 Kerosene, Grade No. 2-K KSN 0.30 wt% max Yes
OSP 7
NOTE: The IRS requires taxation of No. 1-K and No. 2-K kerosene upon removal from the terminal unless the kerosene is indelibly (cannot be removed) dyed or used for military jet fuel. These requirements, part of 26 CFR 48 - Manufacturers and Retailers Excise Taxes, were published in the July 1, 1998, Federal Register. Only undyed (taxable) No. 1-K kerosene is suitable for use in nonflued (unvented) kerosene burner appliances. No. 2- K kerosene (dyed or undyed) is unsuitable for nonflued (unvented) kerosene burner appliances.
The color test requirement is deleted if red dye has been added in compliance with IRS regulations; however, the resulting fuel/dye blend must have a red tint.
(DESC 52.246-9FW5)
F3 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (PC&S)
(DESC AUG 2005)
(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into which the load is to be discharged. Free time will commence when the discharge hose is connected to the receiving line at the delivery point and will end when discharge is completed. The Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required.
(1) Free time for unloading a transport truck or truck and trailer (includes one hour minimum plus any additional time):
(2) Rate for detention beyond free time: __________________________________________________________.
The above will not be considered in the evaluation of offers for award except that a free time of less than one hour may render an offer unacceptable. Notwithstanding the above, the Government is entitled to at least as much free time as is allowed by the common carrier or that the Contractor normally allows its regular commercial customers, whichever is greater. Free time only applies to single-drop deliveries (it is not applicable to multiple-drop tank truck/truck and trailer deliveries or any tank wagon deliveries).
(b) Notwithstanding the above, the Government will not pay more in detention rates than the actual rate charged by the common carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Detention costs will be the sole responsibility of the activity incurring them and are only allowable on single drop deliveries (they are not allowable on multiple drop tank truck/truck and trailer deliveries or any tank wagon deliveries. Invoices for detention costs will be submitted by the Contractor directly to the activity receiving the product. These provisions are applicable to DLA-owned/capitalized as well as non-DLA-owned/noncapitalized products.
(c) UNLESS THE OFFEROR OTHERWISE INDICATES IN PARAGRAPHS (a)(1) AND (a)(2) ABOVE, FREE TIME WILL BE
CONSIDERED UNLIMITED AND DETENTION COSTS WILL NOT BE CHARGEABLE.
(DESC 52.247-9FK1)
F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DESC APR 2005)
(a) In the performance of this contract, the Contractor agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Substitution of a new transportation company is subject to review by the Contracting Officer for use under this contract.
(b) If the Contractor changes transporters after award, the Contractor shall provide the Contracting Officer with the following information on alternative or new transportation company(ies) being utilized in the transportation of supplies under this contract.
Name, Address, and Phone Number State(s) in which transporter of Transportation Company is authorized to operate
(DESC 52.247-9FJ5)
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F16 BARGE UNLOADING CONDITIONS (DESC MAY 1998)
(a) On items calling for delivery f.o.b. destination by means of barge--
(1) The supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination specified in the Schedule. Unless otherwise specified in the Schedule, orders placed under items of the Schedule calling for delivery f.o.b. destination by means of barge will be furnished the Contractor at least 24 hours, plus the normal barge running time from point of loading to the destination, in advance of the date on which delivery is to be made, which date is hereinafter referred to in this clause as the "scheduled delivery date." Each order will specify the quantity to be delivered and the scheduled delivery date. The scheduled delivery date may be changed by the Contractor at any time if the Ordering Officer approves.
(2) Within 3 hours after receipt of notice by the receiving activity from the Master or Mate of a tug or of a self-propelled barge of readiness to unload, the Government will provide, free of cost, a reachable safe berth for the tug and tow or self-propelled barge to be afloat at all times at the unloading port: PROVIDED, however, that if the receiving activity does not receive notice of a barge's readiness to unload within 24 hours before or after noon of the latest approved scheduled delivery date, the Government will be allowed 12 hours after receipt of notice within which to provide a berth.
(3) Unless otherwise provided in the Schedule, the Government shall be allowed and will complete unloading within laytime determined as follows: 1 hour for each 2,000 barrels of supplies to be unloaded, plus 1 1/2 hours; PROVIDED, however, that if the condition or facilities of the barge to be unloaded do not permit unloading within the number of hours so determined, such allowed laytime shall be increased by a number of hours sufficient to permit the unloading of the barge; PROVIDED, further, that when the barge is delayed in reaching its berth within 3 hours or 12 hours, as the case may be, from the time notice of readiness to unload is given, and the delay is caused by the fault of the barge, such allowed laytime shall be increased by the duration of such delay; and PROVIDED, further, that if regulations of the owner or operator of the barge or Port Authorities prohibit unloading at any time, time so lost shall be added to the amount of such allowed laytime. Laytime shall commence either--
(i) At the expiration of the notice period prescribed by (2) above (the 3 hours' or the 12 hours' notice, as the case may be), berth or no berth; or
(ii) Immediately upon the barge's arrival in berth (i.e., all fast), with or without notice of readiness, whichever first occurs.
Laytime shall continue 24 hours a day, 7 days a week, without interruption from its commencement, until unloading of the barge is completed and the hoses have been disconnected.
(4) For all hours of laytime that elapse in excess of the allowed laytime for unloading provided for by paragraph (3) above, or as otherwise provided for in the Schedule, demurrage will be paid by the Government at the demurrage rate in the charter for the barge unloading, except (i) that such rate shall be reduced by 1/2 if demurrage is incurred due to causes beyond the control and without the fault and negligence of the Government; and (ii) that the demurrage payable by the Government shall in no event exceed the actual demurrage expense incurred by the Contractor under the charter. For purposes of computing demurrage payable by the Government, if the laytime allowed in the charter is a combined total for both loading and discharging, 1/2 thereof shall be allocated to the unloading operation, except when less than a full cargo is unloaded, where such allocation shall be determined on a pro-rata basis.
(5) In the event of breakdown of Contractor's equipment, which will prohibit unloading for at least two hours, the Contractor will be required to remove the equipment from the Government-provided berth, unless permission is granted by the Government to allow the equipment to remain on berth. When the Government grants permission for the Contractor equipment to remain on berth, the Contractor will be responsible to reimburse the Government for any cost incurred by the Government for furnishing personnel to remain with the barge during repair;
PROVIDED further, that if the Contractor removes the equipment from the Government provided berth, notice of readiness to unload will be again required as provided in (2) above.
(6) For all deliveries, hoses for unloading a barge will be furnished, connected, and disconnected by the Government.
(7) Title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass the permanent hose connections of the barge unloading the supplies.
(8) The term barge, as used herein, shall include lake tankers.
(b) BARGE FREE TIME AND DEMURRAGE CHARGES FOR DOMESTIC POSTS, CAMPS, AND STATIONS
CONTRACTS.
(1) Unless the offeror indicates otherwise, free time will be unlimited. Free time allowed and demurrage rates will not be considered in evaluation of offers for award.
DEMURRAGE BEYOND FREE TIME
ITEM FREE TIME ALLOWED BARGE TUG OTHER
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F16 cont’d
(2) Notwithstanding the above, the Government will not pay more than the actual rate charged by the barge carrier or the rate the Contractor normally charges its regular commercial customers, whichever is lower. Free time is in addition to all hours of laytime that elapse in excess of the allowed laytime for unloading as provided in this clause.
(DESC 52.247-9FF1)
G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999)
Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)
Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items.
In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:
(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
(b) Check Remittance Address:
(DO NOT EXCEED 30 CHARACTERS PER LINE)
(c) Narrative Information (special instructions).
(DO NOT EXCEED 153 CHARACTERS)
(DESC 52.232-9F55)
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THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR DOMESTIC AND FOREIGN
SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE WHEN THE
RECEIVING BANK IS LOCATED IN THE UNITED STATES.
G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DESC MAR 2003)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.
NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 20 CHARACTERS)
AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |
ACCOUNT TYPE CODE: (Contractor to designate one)
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |
(DO NOT EXCEED 15 CHARACTERS)
RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.
(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:
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G9.07 cont’d
OR
(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.
(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION.
NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE: ______________________________________________________________________
(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.
(h) NOTICE TO FOREIGN SUPPLIERS.
(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.
(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.
(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.
(i) Notwithstanding any other provision of the contract, the requirements of this clause shall control.
(DESC 52.232-9FJ1)
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G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
(a) METHOD OF PAYMENT.
(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).
(b) CONTRACTOR’S EFT INFORMATION. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.
(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.
(d) SUSPENSION OF PAYMENT. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) of this clause shall apply.
(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal 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)
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G30 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007)
(a) DEFINITIONS As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, OPTION TO EXTEND SERVICES, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (c) of this clause.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause, or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it--
[ ] is, [ ] is not, a small business concern under NAICS Code _________ assigned to contract number ________________________ .
[Contractor to sign and date and insert authorized signer’s name and title]
(FAR 52.219-28)
I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DESC MAR 2000)
(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).
(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied. Should the description /composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.
(DESC 52.223-9F06)
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I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS
(JUL 2005)
(a) DEFINITION. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
(b) EVALUATION PREFERENCE.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.
(c) WAIVER OF EVALUATION PREFERENCE. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.
[ ] Offeror elects to waive the evaluation preference.
(d) AGREEMENT.
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