Philippines Solicitation FINAL 31 Jul 2009.pdf

INFORMATION TO OFFERORS

OR QUOTERS

COVER SHEET

SOLICITATION: SP0600-09-R-0222 PHILIPPINES PC&S PROGRAM PP 1.6P

THE ENCLOSED SOLICITATION COVERS THE PERIOD: 1 JANUARY 2010

THROUGH: 31 DECEMBER 2012

ISSUING OFFICE:

Defense Energy Support Center 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

SPECIALIST: Linda Ryan/DESC-PLB

ITEMS TO BE PURCHASED:

JET FUEL, AVIATION, DIESEL FUEL, AND GASOLINE PREMUIM UNLEADED FOR DEPARTMENT OF

DEFENSE IN VARIOUS LOCATIONS THROUGHOUT PHILIPPINES

POINTS OF CONTACT FOR INFORMATION:

LINDA RYAN LUIS BEZA-CAY LISA O’BRIEN

(703) 767-8368 (703) 767-9533 (703) 767-9534

LINDA.RYAN@DLA.MIL LUIS.BEZA-CAY@DLA.MIL LISA.OBRIEN@DLA.MIL

ADDRESS:

Defense Energy Support Center, ATTN: DESC-PLB 8725 John J. Kingman Road, Suite 3938

ADDITIONAL INFORMATION:

SEE ATTACHED PAGES

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SPECIAL INSTRUCTIONS

A. CONTRACT TYPE: This is a three (3) year multiyear solicitation for Jet Fuel, Aviation, Gasoline, Premium Unleaded, and Diesel Fuel. Contracts awarded as a result of this solicitation will be

REQUIREMENTS TYPE CONTRACTS, FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENTS.

Please refer to Clause I84, REQUIREMENTS, I86.06, DELIVERY ORDER LIMITATIONS, and I1.20-1, CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE.

B. OFFER SUBMISSION: As part of your offer, please complete and submit all forms in the Offeror

Submission Package and thoroughly review the supply schedule under Clause B1.05-2 SUPPLIES TO BE FURNISHED for the delivery narratives you are offering on.

1. Facsimile offers are authorized in accordance with Clause L2.11-2 FACSIMILE PROPOSALS.

When submitting your Offeror Submission Package via fax, please fax to the ATTENTION of Linda.Ryan/DESC-PLB at (703) 767-8506.

2. Email Proposal may be submitted in accordance with Clause L2.11-4 EMAIL PROPOSALS (DESC

APRIL 2005). Email completed Offeror Submission Packages to DESCPLBOFFERS@dla.mil

C. CLOSING DATE: 28 AUGUST 2009, 3:00 PM EASTERN TIME (ET).

D. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD

WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH THE

GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

E. OFFERS: Offers submitted in response to this solicitation must be in English, with offer prices stated in

U.S. dollars per gallon. Offers received in other than English with offer prices other than U.S. dollars will be rejected. See Clause L2.10 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991), and Clause L2.10-1 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991).

F. ACKNOWLEDGEMENT OF AMENDMENTS: YOU MUST ACKNOWLEDGE RECEIPT OF ANY

AMENDMENTS TO THIS SOLICITATION. You may do this by signing and returning one (1) copy of the amendment.

G. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insert your

CAGE code in Block 17a of the SF 1449, in the space marked “Facility Code”: If you have not been assigned a CAGE code, insert the word “None” in the block.

H. CENTRAL CONTRACTOR REGISTRATION (CCR) All U.S. contractors must be registered in the

Central Contractor Registry (CCR). See Clause I1.07 for further reference. Clause I1.07, REQUIRED CENTRAL REGISTRATION, requires contractors to register in the Department of Defense (DoD) Central Contractor Registration (CCR) database. The CCR is a central repository of trading partner information about firms qualified to conduct business with the Federal Government. Contractors register one time and confirm on an annual basis that their CCR registration is complete and accurate. Offerors may obtain information on registration and annual confirmation requirements by calling the CCR Assistance Center at (1-888) 227-2423 or via Internet at http://www.ccr.gov/

I. ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 1

January 2010 through 31 December 2012. Quantities stated in the SCHEDULE represent the government’s best estimates covering a three year requirement.

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J. PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS): Clause B1.05-2, SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) applies to requirements for the Army, Navy, Air Force, US Marine Corp and other DoD Activities only being solicited with provisions in place for implementing the Paperless Ordering and Receipt Transactions Screens (PORTS) Internet Application. Clause B1.01, SUPPLIES TO BE FURNISHED applies to requirements for Federal Government activities only. In the event that your company is awarded a contract, DESC will indicate on the award sheet whether the item is “PORTS Active”. PORTS active items will incorporate the use of the PORTS clause, while Non-PORTS items will incorporate the use of Non-PORTS clauses. If you are awarded an item designated as “PORTS ACTIVE”, the use of the PORTS Internet Application is MANDATORY and the following clauses apply to PORTS ACTIVE or FES PORTS ACTIVE items in this solicitation:

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET

APPLICATION) (DESC MAY 2001)

G150-03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS)

INTERNET APPLICATION (DESC DEC 2001)

I1.03-8 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION)

(DESC MAR 2009)

K. LATE OFFERS: Please note that offers must be received by 28 August 2009, 3:00 PM (ET). Any offer received after 3:00 PM will be considered “late” and may be determined unacceptable. See Clause L2.05-5

INSTRUCTIONS TO OFFERORS – COMMERERCIAL ITEMS (PC&S) (DESC MAR 2009),

subparagraph (h) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF

OFFERS.

L. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (m) of Clause L2.05-5

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DESC MAR 2009). While the Government intends to evaluate offers in accordance with clause M2.11 and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. 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.

M. ECONOMIC PRICE ADJUSTMENT AND BASE REFERENCE PRICE: Please refer to Clause

B19.02, ECONOMIC PRICE ADJUSTMENT (PC&S). Offerors should use the preferred publication from B19.02 as the escalation reference for their offer prices. THE BASE REFERENCE DATE for this solicitation is 1 June 2009. Contract prices will escalate 1st Monday of the month using the prior month average postings. Please note that price changes are not based on product cost or vendor profit margin.

After award DESC will provide updated contract prices daily under “Customer Prices” on the DESC homepage at http://www.desc.dla.mil/default.asp.

N. PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (e) of Clause L2.05-5, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S), Offerors agree to honor prices indicated in their Offeror Submission Packages for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

http://www.desc.dla.mil/default.asp�

O. SITE VISITS: You are directed to Clause L54, SITE VISIT, please note that it is the responsibility of the Offeror to inspect the site where supplies are to be delivered and to obtain all available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the cost of contract performance, to the extent that the information is reasonably obtainable. DESC encourages all potential Offerors to call or visit the sites in which they intend to submit an offer.

P. DUNS NUMBER: Include your company’s Data Universal Numbering System Number on all Price Data Sheet(s) in your Offeror Submission Package.

Q. TAX AND FEE INFORMATION: Applicability of various Federal and Local taxes is governed by the following Clauses:

I28.21 TAXES – FOREIGN FIXED-PRICE CONTRACTS

R. POINTS OF CONTACT:

Emergency Situations after Duty Hours

OPERATIONS CENTER,

CONTINGENCY PLANS AND OPERATION DIVISION

(703) 767-8420

Information Regarding Sollicitation SP0600-09-R-0222: Linda Ryan (703) 767-8368

Luis Beza-Cay (703) 767-9533 Lisa O’Brien (703) 767-9534

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

SP0600-09-0102

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

See Block 31C

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-09-R-0222

6. SOLICITATION ISSUE DATE

31 July 2009

7. FOR SOLICITATION

INFORMATION CALL:

Linda Ryan (703)767-8368/9533

a. NAME Linda Ryan, Linda.Ryan@dla.mil Luis Beza-Cay, Luis.Beza-Cay@dla.mil

b. TELEPHONE NUMBER (no collect calls) Phone: (703) 767-8368

FAX: (703) 767-8506

8. OFFER DUE DATE/LOCAL TIME:

28 August 2009 3:00 PM

Eastern Time (ET)

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

Buyer/Symbol: Linda Ryan /DESC-PLB

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

UNDER DPAS (15 CFR 700)

Phone: (703)767-9533/9504 NAIS: 424720 & 324110 Size Standard: 500

13b. RATING

Email: Linda.Ryan@dla.mil PP 1.6P 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, G150.06-2,

G150.07-2 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)

25. ACCOUNTING AND APPROPRIATION DATATo 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

COPY 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. SEE AWARD SHEET

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

Philippines PC&S

INDEX

CONTINUATION OF STANDARD FORM 1449

CONTINUATION OF BLOCKS 19-24, THE SCHEDULE

CLAUSE NO. CLAUSE TITLE PAGE

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S)

(PORTS INTERNET APPLICATION) (DESC MAY 2001) 7/OSP -2

REQUIRED REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

PREAWARD

K1.01-10 OFFEROR REPRESENTATATIONS AND CERITICATIONS -

COMMERCIAL ITEMS (ALTERNATES I/II)

(FEB 2009/APR 2002/OCT 2000) OSP - 6

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (JUNE 2005) OSP - 27

L2.05-5 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS 11

(PC&S) (DESC MARCH 2009)

POSTAWARD

I1.03-8 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS INTERNET APPLICATION)

(DESC MAR 2009) 14

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (ALTERNATE I) (JUN 2008/FEB 2000) 18

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE

TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) 22

ADDENDUM #1

OTHER REGULATORY AND LOCAL SOLICITATION PROVISIONS

PREAWARD SOLICITATION PROVISIONS

K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

(APR 2008) 23

K15 RELEASE OF PRICES (DESC MAR 2009) 24

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) OSP - 27

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT

OF A TERRITORIST COUNTRY (OCT 2006) OSP - 28

K86 FOREIGN TAXES (DESC JUN 1987) OSP -28

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) OSP –29

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTION (SEP 2005) OSP - 16

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) OSP - 30

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) IBR

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 24

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

L54 SITE VISIT (DESC OCT 1992) 24

L74 TYPE OF CONTRACT (APR 1984) 24

L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED

IN THE DELIVERY OF PRODUCT (PC&S) (DESC APR 2005) OSP –34

M2.11 EVALUATION - COMMERCIAL ITEMS (JAN 1999) 25

M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED

(DESC JAN 1998) 25

M55 CONVERSION FACTORS (DESC MAR 2007) 25

LIST OF ATTACHMENTS

[X] INFORMATION TO OFFERORS OR QUOTERS COVER SHEET

[X] SF 1449, SOLICITATION CONTRACT/ORDER TO

COMMERCIAL ITEMS PAGE 1

[X] OFFEROR SUBMISSION PACKAGE SEPARATE COVER

[X] PRICE DATA SHEET ATTACHMENT B (OSP - 35)

ADDENDUM #2

OTHER REGULATORY AND LOCAL CLAUSES

POSTAWARD CONTRACT CLAUSES

CLAUSE NO. CLAUSE TITLE PAGE

B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DESC MAY 2007) 28/OSP 31

C1 SPECIFICATIONS (DESC JAN 1997) 31

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 31

C16.09 TURBINE FUEL, AVIATION (JET A/A1/A50) (DESC AUG 2001) 31

C16.18 GASOLINE, AUTOMOTIVE, LEADED OR UNLEADED

(REGULAR/MIDGRADE/PREMIUM) DESC JUL 1998) 27

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

(a) APPLICABLE TO GRADES DF1 AND DF2 ONLY 32

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DESC NOV 2008) 33

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

E12 POINT OF ACCEPTANCE (DESC MAY 1969) 40

E21.01 SUPPLEMENTAL INSPECTION (OVERSEAS) (DESC JUL 1999) 40

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 40

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 41

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

TRAILERS, AND TANK WAGONS (DESC APR 1997) 42

F1.09-2 DETERMINATION OF INVOICE QUANTITY (PC&S) (DESC JUN 2009) 43

F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY

(PC&S) (DESC APR 2005) OSP -16

F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002) 45

F29.01 CONTRACTOR ORDERING AGENTS (DESC FEB 1995) OSP - 17

F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) 46

(DESC APR 1998)

F51 SHIPMENT AND ROUTING (OVERSEAS) (DESC NOV 2005) 46

F105 VARIATION IN QUANTITY (APR 1984) IBR

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 46

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED

(DESC DEC 1999) OSP – 18

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL

RESERVE WIRE TRANSFER SYSTEM (DESC JAN 2007) OSP - 19

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL

CONTRACTOR REGISTRATION (OCT 2003) OSP -21

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

CENTRAL CONTRACTOR REGISTRATION (MAY 1999) OSP - 22

G9.11 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF

ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999) 47

G9.14 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER (MAY 1999) 47

G150.03-1 PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS

(PORTS) INTERNET APPLICATION (DESC 2001) OSP23/48

G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S)

(DESC APR 2009) 51

G162.08 EXCHANGE RATES – ADJUSTMENT FOR FLUCTUATION

(DESC AUG 1994) 54

I1.01-1 DEFINITIONS (DESC FEB 1998) 54

I1.07 CENTRAL CONTRACTOR REGISTRATION

(ALTERNATE A) (APR 2008/SEP 2007) 55

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(DESC JAN 2003) 56

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

COMMERCIAL ITEMS (PC&S) (PORTS INTERNET APPLICATION) –

ADDENDUM (DESC FEB 1996) 58

I11.04 BANKRUPTCY (JUL 1995) IBR

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

I28.21 TAXES – FOEREIGN FIXED-PRICE CONTRACTS

(JUN 2003) IBR

I32 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997) IBR

I33 INTEREST (OCT 2008) IBR

I84 REQUIREMENTS (OCT 1995) IBR

I86.06 DELIVERY – ORDER LIMITATIONS (OVERSEAS PC&S)

(DESC AUG 1990) 58

I90 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) IBR

I115 CONTRACTOR RESPONSIBILITY FOR RETURNING

UNDELIVERED FREIGHT (APR 1984) IBR

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION

(DESC FEB 2009 58

190.06 MATERIAL SAFETY DATA SHEETS – COMMERCIAL ITEMS

(DESC MAR 2000) 59

I209.09 EXTENSION PROVISIONS (DESC APR 2003) 59

I211 ORDERING (OCT 1995) IBR

I211.02 ORDERING (CONT’D) (DESC JAN 1991) IBR

I225 PAYMENTS IBR

I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 59

(OCT 1995)

I252 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (JAN 2009) 60

I302 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(DEC 2008) 60

I350 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004) 62

I410 LEVIES ON CONTRACT PAYMENTS (DEC 2006) IBR

B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DESC MAY 2001)

(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 but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause.

(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 4-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

SEE JET FUEL, AVIATION 1,447,500 (USG)

SCHEDULE NSN: 9130-00-753-5026

GASOLINE PREMUIM UNLEADED (MUP) 3,499,800 (USG)

NSN: 9130-00-148-7104

DIESEL FUEL #2 (DF2) 81,000 (USG)

NSN: 9140-00-286-5294

PHILIPPINE NATIONAL STANDARD 20

Grade “ADO”

SPECIAL NOTES:

1. The above are details of all the products solicited and applicable specifications. Offers should be made for line items listed on the following pages.

SEE NEXT PAGE

ITEM ESTIMATED

NUMBER QUANTITY UI

UNITED STATES NAVY

ZAMBOANGA CITY

OS, NAVY, ZAMBOANGA CITY, PHILIPPINES

PHILIPPINES

DELIVERY DODAAC: N68747

BILLING DODAAC: N68747

ORDERING OFFICE: 0927-464-2991

100-031 JET FUEL, AVIATION (JA1) 1,425,000 GL

**PORTS ACTIVE**

TANK TRUCK (TT), W/PUMP INTO

1/4,750 GALLON TANKER TRUCK(S)

AVIATION FUEL TRUCKS

DELIVERY HOURS: 0800-1800 MONDAY THRU SATURDAY

100-341 DIESEL FUEL #2 (DF2) 2,625,000 GL

TANK TRUCK (TT), W/PUMP

INTO VARIOUS SIZE TANKS

DELIVERY HOURS: 0800-1800 MONDAY THRU SATURDAY

NOTE: DELIVERY INTO LANDING CRAFT TRANSPORT

(LCT)

WHILE WET DOCKED

MANILA CITY

OS, NAVY, CAMP AGUINALDO, PHILIPPINES

PHILIPPINES

DELIVERY DODAAC: N68747

BILLING DODAAC : N68747

ORDERING OFFICE: 0927-464-3991

200-341 DIESEL FUEL #2 (DF2) 240,000 GL

TANK TRUCK (TT), W/PUMP INTO

1/3,960 GALLON ABOVE GROUND TANK

DATU PIANG

OS, NAVY, 6TH INFANTRY DIVISION HQ, 9500 AWANG PARANG MAGUIDANAO,

COTABOTA, DATU PIANG, PHILIPPINES

PHILIPPINES

DELIVERY DODAAC: N68747

ORDERING OFFICE: 0915-866-9781

ITEM ESTIMATED

NUMBER QUANTITY UI

UNITED STATES NAVY

205-34 DIESEL FUEL #2 (DF2) 15,900 GL

TANK TRUCK (TT), W/PUMP INTO VARIOUS STORAGE

TANKS

ESCORT REQUIRED

COTABATO

OS, NAVY, 6TH INFANTRY DIVISION HQ, CAMP SIONGCO, COTABATO

PHILIPPINES

DELIVERY DODAAC: N68747

ORDERING OFFICE: 927-464-3991

600-341 DIESEL FUEL #2 (DF2) 330,000 GL

TANK TRUCK (TT), W/PUMP

INTO VARIOUS TANKS

ZAMBOANGA

OS, NAVY, 104TH INFANTRY BRIGADE, 9TH TACTICAL OPERATIONS GROUP

VICINITY JOLO CITY, SULU ISLAND & MARINE BATTALION LANDING TEAM

(MBLT)

BASE VICINITY SANGA-SANGA ON TAWI-TAWI

PHILIPPINE

DELIVERY DODAAC: N68747

ORDERING OFFICE: 011-63-2-062-992-6617

905-031 JET FUEL, AVIATION (JA1) 22,500 GL

FOBTANKWAGON (FOBTW), AT CONTRACTOR'S FACILITY

PRODUCT TO BE DELIVERED IN 55-GAL (210-LITER)

DRUMS

NOTE: 2 WEEKS ADVANCE NOTICED REQUIRED FOR ALL

DELIVERIES.

ITEM ESTIMATED

NUMBER QUANTITY UI

UNITED STATES NAVY

905-271 GASOLINE, PREM UNL (MUP) 81,000 GL

DRUMS

905-341 DIESEL FUEL #2 (DF2) 273,000 GL

DRUMS

L2.05-5 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DESC MAR 2009)

(a) 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 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.

(b) SUBMISSION OF OFFERS.

Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt;

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

(4) 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;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different from mailing address;

(8) A completed copy of the representations and certifications in the certification package. See FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically;

(9) Acknowledgment of solicitation amendments;

(10) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation;

(11) 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;

(12) 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

(13) 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.

(c) FACSIMILE OFFERS Yes (FAR 52.215-5). Incorporated by reference. No

(d) 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.

(e) 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.

(f) 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 offers, it was the only offer received.

L2.05-5 CONTD

(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 at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

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

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

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

(j) CONTRACT AWARD.

(1) 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.

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

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

(4) 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.

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

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

(7) The Government may accept any item or group of items of a offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers 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.

(8) 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.

(k) 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).

http://assist.daps.dla.mil/�

L2.05-5 CONT’D

(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.

(l) 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 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.

(m) 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.

(n) 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) http://assist.daps.dla.mil/quicksearch� http://assistdocs.com/� http://assist.daps.dla.mil/wizard� http://fedgov.dnb.com/webform� http://www.ccr.gov/�

I1.03-8 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S) (PORTS

INTERNET APPLICATION) (DESC MAR 2009)

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

(g) ELECTRONIC INVOICING. Use of electronic invoicing via PORTS is mandatory under the resultant contract. The Contractor shall submit its invoices in accordance with the PAPERLESS ORDERING AND RECEIPTS TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause.

(a) Exceptions to the use of electronic invoicing are limited to the following:

(i) Instances in which the PORTS Internet application is not available or accessible and the Contractor informs the DESC Contracting Officer of this fact by facsimile message.

(ii) Instances in which retroactive price changes and/or unit price errors result in money due the Contractor.

(b) If the exception to the use of Electronic Invoicing apply, the Contractor shall submit invoicing in accordance with paragraph (h) below. (h) 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) The Contractor shall fax its invoice to DFAS-CVDBBB/CO at the following fax number: (614) 693-2537. For faxed invoices, the Contractor is responsible for verifying transmission/receipt of the fax by telephoning Customer Service (DFAS-CVDBBB/CO) at 1-800-756-4571. Personnel are available to verify receipt of faxed transmissions between 8 a.m. and 5 p.m. EST/EDT, Monday through Friday, excluding Federal holidays.

(a) Include the Contractor’s fax number on each document transmitted.

I1.03-8 CONT’D

(b) After transmitting the original invoice, the Contractor shall mark that invoice "ORIGINAL INVOICE - FAXED" and retain it. The hard copy is not required for payment and shall not be mailed to the payment office unless DFAS-CVDBBB/CO specifically requests it.

(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.

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

(j) PAYMENT.

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item number or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(k) 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.

(l) RISK OF LOSS AND TITLE (IRAQ). Title and risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until the Contractor completes download of product at the final delivery destination in Iraq. The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents or subcontractors.

The Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors.

(m) TAXES. See Addendum 2.

(n) 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.

(o) 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.

(p) 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.

(q) 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.

(r) 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.

(s) 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.

(t) 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.