OFFEROR SUBMISSION 09-R-0545 11-2-09.pdf

Attachment 2 – Offeror Submission Package

SP0600-09-R-0545

Djibouti

OFFEROR SUBMISSION

PACKAGE

SOLICITATION: SP0600-09-R-0545

PURCHASE PROGRAM NUMBER: 6.2

PERFORMANCE PERIOD: August 23, 2010 through August 22, 2015

TO BE TIMELY, OFFERS MUST BE RECEIVED AT THE

DEFENSE ENERGY SUPPORT CENTER

BY

December 4, 2009 @ 3:00 P.M. Local Time

INSTRUCTIONS:

1. An original plus one copy of this Offeror Submission Package, the technical requirements of Clause L116.01and Past Performance information must be returned to the Defense Energy Support Center as your offer. All documents to be completed and returned are contained in this package. See Clause E18, L2.01-1, L2.05-8, L116.01 and L201.02, for submission requirements.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Initial any changes. Sign and Date the Standard Form 1449 (SF1449) in ink.

3. By submission of this package, you are stating that ALL terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated on a separate sheet of paper.

4. Please provide your CAGE Code and DUNS number in Block 17A of the SF1449.

5. Your offer must be received no later than 3:00 P.M. EST, on December 4, 2009. E-Mail proposals are authorized (See Clause L2.11-4). Note: All e-mail proposals must be sent to following address: bidcoustodian@dla.mil. If submitted via e-mail signed copies of Submission Package must be received by DESC within ten (10) days after the solicitation closing date.

Do not return the entire solicitation package, simply complete and return an original and one copy of the Offeror Submission Package, technical data required and Past Performance CPDS submissions as described in Clause L201.02. Your prices must be inserted in Clause B34.01in the Offeror Submission Package.

6. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

7. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

8. IMPORTANT NOTICE: All contractors must be registered in the Central Contractor Registration (CCR) database. Lack of registration in the CCR will make an offeror ineligible for award as described in Clause I1.07. Commercial and Government Entity Code (CAGE Code): (a) The offeror is requested to enter its CAGE on its offer in the block with its name and address. The CAGE code must be for that name and address. (b) If the offeror does not have a CAGE code, it may go on line to the CCR www.ccr.gov (c) Do not delay submission of the offer pending receipt of a CAGE code.

9. Notice: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

10. The Government intends to evaluate proposals and award a contract after written or oral discussion with all responsible offerors that submit proposals within the competitive range (see Clause L2.05-8).

11. Care should be taken to mail correspondence to relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

12. Offerors must include the DUNS number in the block with name and address on the cover page of offer.

13. DESC-BYB IS THE DESIGNATED OFFICE FOR RECEIPT OF OFFERS. OFFERERS shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED UNDER SOLICITATION SP0600-09-R- 0545".

The following is the address used for the offers in original and one (1) copy of the Offeror Submission Package and Past Performance for US Post Office and US Post Office Express Mail offers only:

ATTN: DESC-BYB Bid Custodian Rm. 2945 Defense Energy Support Center

8725 John J. Kingman Road Suite 2950 Fort Belvoir, VA 22060-6222

Point Of Contact is Ms. Debbie Lloyd at (703)-767-9350 for verification of receipt.

(Do not contact the procurement official issuing the solicitation for verification of receipt.)

By December 4, 2009 at 3:00 PM Eastern Standard Time, Fort Belvoir, Virginia, USA

The following is the address used for offers in original and one (1) copy of the Offeror Submission Package and Past Performance for Hand carried Offers/Currier Delivery Service:

ATTN: DESC-BYB Bid Custodian Rm. 2945 Ms. Debbie Lloyd/Telephone 703-767-9350

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J. KINGMAN ROAD, Suite 2945

FORT BELVOIR, VA 22060-6222

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DESC OCT 2001)

SECTION E – INSPECTION AND ACCEPTANCE

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DESC NOV 2003)

SECTION F – DELIVERIES OR PERFORMANCE

F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DESC DEC 1991)

SECTION G – CONTRACT ADMINISTRATION DATA

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

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DESC

MAR 2003)

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

SYSTEM (DESC JAN 2007)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

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

REGISTRATION (MAY 1999)

SECTION I – CONTRACT CLAUSES

I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DESC JUN 2009)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

I/II) (AUG 2009/APR 2002/OCT 2000)

K10 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (ALTERNATE A) (FEB 2009/JAN 2008) .. 36

K15 RELEASE OF PRICES (DESC MAR 2009)

K15.03 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007)

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

K86 FOREIGN TAXES (DESC JUN 1987)

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2005)

K150 WIDE AREA WORKFLOW (DESC OCT 2008)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDERS

L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND

SOCIOECONOMIC PLAN SUBMISSIONS (DESC APR 2009)

L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I) (JAN 2004/OCT 1997)

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

L116.01 DATA REQUIREMENTS (STORAGE) (DESC NOV 2003)

L201.02 INSTRUCTIONS TO OFFERORS (COCO) (DESC MAY 1997)

SECTION M – EVALUATION FACTORS FOR AWARD

M2.11 EVALUATION - COMMERCIAL ITEMS (JAN 1999) ................................ Error! Bookmark not defined.

M43.02 ADDITIONAL EVALUATION (DESC FEB 1985)

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

ATTACHMENT

CONTRACTOR PERFORMANCE DATA SHEET

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows:

PERFORMANCE WORK STATEMENT

FOR

DEFENSE FUEL SUPPORT POINT SERVICES

PORT OF DJIBOUTI, AFRICA

1. Description of Required Services

1.1 Area of Consideration

1.2 Storage Tank Requirements

1.3 Grade of Product

1.4 Physical System Requirements

1.5 Estimated Through-put Requirements

1.6 Property Control, Records and System Records

1.7 JP5 (F44) Delivery Services

2. Facilities

2.1 Product Receiving Requirements

2.2 Product Shipping Requirements

2.3 Truck Fill Stand

2.4 Berthing and Mooring Facilities

2.5 Storage Tanks

2.6 Filtration

2.7 Additive Injection

2.8 Laboratory Services

3. Product Quality Surveillance

3.1 Responsibilities

3.2 Quality Control Plan

3.3 Calibration

3.4 Quality during Shipments

3.5 Quality during Receipts

3.6 General

1. Description of Required Services: Defense Fuel Support Point facilities and services to receive, store, protect and ship two grades (400,000 BBLS of F76 and 200,000 BBLS of JP5) of U.S. government owned product in the Port of Djibouti, Africa.

Contracted performance period: The contract shall be for a period of five (5) years.

Performance period: August 23, 2010 through August 22, 2015.

1.1 Area of Consideration: Port of Djibouti, Africa area.

1.2 Storage Tank Requirements: 600,000 barrels (shell capacity) of storage:

(1) 200,000 barrels (fill capacity) of Turbine Fuel Aviation, Grade JP5

(2) 400,000 barrels (fill capacity) of Fuel Naval distillate, Grade F76

A minimum of two tanks per product, interconnected and isolated from other facilities and products handled within the tank farm is desired, however, one tank per product will be considered. Dedicated facilities are required.

1.3 Grade of Service: Two grades of product: JP5 and F76.

(1) Aviation Turbine Fuel Grade JP5

(2) Fuel Naval Distillate Grade F76

1.4 Physical System Requirements: Storage and handling facilities capable of receiving, storing, protecting, and shipping two grades of U.S. Government-owned petroleum products. A dedicated system is preferred, however, a common system will be considered, providing the offeror(s) submit the data required by Clause L116.01, Data required to be submitted. In addition to the data required by Clause L116.01, the potential contractors will be required to provide the tank cleaning and inspection data required by Clause E18 as part of their proposal. The tank cleaning and inspection data will be evaluated and utilized as an evaluation factor in determining the governments risk associated with the utilization of the facility.

1.5 Allowed Throughput: The U.S. Government will be entitled to initial fill and final shipment during the 5-year performance period, in addition to 2,000,000 barrels of total product turnover for each product within a 12-month period, hereafter referred to as allowed throughput. Initial fill is defined as all receipts required to fill the storage tanks to 100% of the awarded safe fill capacity. Final shipment is defined as all issues required to withdraw 100% of the awarded safe fill capacity. The 4,000,000 total barrels of allowed throughput is defined as the total receipts of each product, JP5 and F76, in a 12-month performance period plus the total shipments (JP5/F76) in the same 12-month performance period, divided by two.

1.5.1 Excess Throughput: Offeror(s) shall indicate any additional throughput charge for volumes in excess of the allowed throughput under Subline Item 1001AA - Excess Throughput. Excess throughput charge will be calculated by multiplying the total number of barrels received and shipped in a 12-month period above the allowed throughput quantity by the excess throughput charge offered under Subline Item 1001AA.

1.6 Property Control, Records and System Records: The Contractor shall provide Property Control and System Records in compliance with paragraph (a) (1) of Clause I119.04. The Contractor furnished computer system shall meet the current commercial standards for a computer system capable of accomplishing the data reporting and records keeping required by the Fuels Automated System (FAS);

maintaining the data collection and records keeping associated with product quality surveillance (i.e., product analysis and testing reports); and the document collection and records keeping associated with the Contractors preventive maintenance program, etc.

1.6.1 The Contractor shall input inventory and sales data for Government own product directly into the Government's Fuel Automated System (FAS) utilizing a Contractor-furnished computer system via a Contractor-furnished internet access (with static IP address capability) or creation of a dial-in account to the DESC FAS web server. Additional data and requirements can be found in Clause I119.04.

1.7 JP5 (F44) Delivery Services:

1.7 JP5 (F44) Aviation Fuel Delivery Services: The contractor is required to load JP5 (F44) at the contractor’s pier to be pumped through a meter, calibrated in US Gallons, and a filter separator (Fuel Water Separator) into the receiving vessels tanks. Contractor will be responsible for maintaining the quality control of the product from the terminal to the delivery points and into the receiving vessels tanks.

1.7.1 Estimated quantity to be delivered: An estimated 1.2 to 1.5 million gallons for each 12-month contract period, approximately 14,000 USG per delivery. Contractor will be responsible for maintaining the quality control of the product from the terminal to the delivery points and into the receiving vessels tanks.

2. Facilities:

2.1 Product Receiving Requirement: The Contractor's facilities shall be capable of receiving U.S. Government-owned product via ocean going tankers/barges or U.S. Navy Fleet Oilers on a 24-hour per day, seven day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 2,000 barrels per hour for barges and 8,000 barrels per hour for tankers and Fleet Oilers). The contractor shall comply with all transportation and routing instructions for all modes furnished by the DESC-ME office.

2.2 Product Shipping Requirement: The Contractor's facilities shall be capable of shipping U.S. Government-owned product via ocean going tankers/barges or Navy Fleet Oilers on a 24¬hour per day, seven day per week basis at pumping rates compatible with the mode of transportation tendered (minimum 2,000 barrels per hour for barges and 8,000 barrels per hour for tankers and Fleet Oilers. The contractor shall comply with all transportation and routing instructions for all modes furnished by the DESC-ME office.

2.3 Tank Truck Fill Stand Facility: The Contractor's truck fill stand facility shall be capable of simultaneously loading and shipping two tank trucks at a combined rate of 1,200 gallons per minute. The tank truck loading and shipping capability is required for JP5. The Contractor is responsible for loading and shipping tank trucks on a 7-day workweek schedule; 8:00 a. m. to 5:00 p. m. weekends and local holidays accepted. Hours worked in excess of these hours will be on an overtime basis (see Clause G148.05). (NOTE: The normal work week is Monday through Friday). Loading of the trucks shall be through a calibrated meter.

2.4 Berthing and Mooring Facilities: The Contractor's berthing and mooring facilities shall be capable of handling a minimum 40,000 dead weight ton (DWT) vessels with an overall length of 800 feet with a minimum draft of 39 feet at mean low water from the Contractor's berthing and mooring facility to the open ocean. The offeror shall provide any port restriction requirements and harbor fees with their proposal, along with height restrictions from ship's manifold to the waterline during loading/unloading.

2.5 Storage Tanks: All storage tanks must meet the minimum requirements of the current American Petroleum Institute (API) standards and all local laws, regulations, etc. applicable to the tanks and facilities to be provided. Cone roof tanks with internal floating pans are preferred however, floating roof tanks will be considered if they are equipped with roof drains which prevent water from coming into contact with the product to be stored. The bottom floor of the floating roof that contacts the product should be epoxy coated IAW, (UFC- 3-460-1, Para. 8.3.7 Interior Coatings). The guidelines for coating new steel storage tanks are according to the following.

a) Vertical tanks

(1) Aviation, diesel fuel marine (DFM), additive, and lube oil tank interiors should be 100 percent coated, including floor, shell, and underside of the roof.

(2) Other products coat the floor, the underside of the roof, and bottom 40 inches (1000 mm) of the tank shell.

b) Coat all carbon steel piping, interior and exterior (inside of tank) and steel appurtenances inside all tanks.

c) Horizontal tanks coat the bottom 20 inches (500 mm) of the tank shell. For aviation tanks coat 100 percent.

The tanks shall be interconnected and have the capability of re-circulating the product from tank to tank through an (API 1581) type filter separators when needed. Each storage tank shall be equipped with a fuel/water separation system for collection of all product or water dispensed from its bottom water drain(s).

The facility must be equipped with illumination to allow receipt/issue operations during hours of darkness.

2.6 Filtration: Contractor-furnished filtration system that meets the specifications outlined in the current API Publication 1581, Specifications and Qualification Procedures -Aviation Jet Fuel Filter Separator. The capability must exist to filter product during tank-to-tank transfers under max flow conditions, as a minimum. Contractor will have a Micronic or Filter Water Coalescer/Separator on the Inlet/Port side of the facility; capable of filtering fuel at a minimum flow rate of 8000 to 14000 Barrels per hour during receipt. Contractor will have a Micronic or Filter Water Coalescer/Separator on the Outlet/terminal side of the facility; capable of filtering fuel at a minimum flow rate of 8000 to 14000 Barrels per hour during loading.

2.7 Additive Injection: Contractor-furnished injection system(s) to inject additives as follows: The additives (Fuel System Icing Inhibitor (FSII), Corrosion Inhibitor/Lubricity Improver (CI/LI) will be injected by the Contractor based on product specification requirements. Injection requirements apply to JP5 stocks. (See Clause F45.03) Bulk additive (FSII) will be tested upon receipt and every six (6) months thereafter in accordance with specifications. Annually, a full specification test will be performed on all drummed additives.

2.8 Laboratory Services: The Contractor shall provide laboratory services to test U.S. Government-owned petroleum products. If the Contractor cannot provide full testing capabilities identified in Appendix A of the PWS acceptable to the Government, the Contractor shall be responsible for shipping the required samples to a laboratory specified by the Government representative within the Middle East.

As a minimum, the Type C testing capability, including FSII, identified in Appendix A of the PWS, Types of Tests Required on Aviation Turbine Fuel JP5 and Naval Fuel Distillate F76, shall be available within the Contractor’s facility.

3.0 Product Quality Surveillance:

3.1 Responsibilities: The Contractor will be responsible for maintaining the quality and quantity of the Government-owned product stored at the Contractor’s facility, to include but not limited to monitoring product deterioration and contamination, in accordance with the contractor developed Quality Control Plan and MIL-STD-3004B latest edition.

3.1.1 No petroleum products shall be received or shipped without first determining and confirming conformance with product quality requirements. No conveyance/container shall be loaded until it is inspected by a qualified contractor person and deemed suitable to carry the intended product. Products shall be shipped on a first-in, first-out basis unless otherwise approved or directed by the QAR. Non-conforming product shall be reported to the QAR or DESC-ME office immediately. Anytime product is received into a tank, the tank’s contents shall be suspended from issue pending quality conformance sampling and testing IAW MIL-STD-3004B latest edition. The Contractor shall ensure that certificates of quality conformance (test reports) are maintained on file for all on-hand fuel stocks. The contractor will maintain the quality of the Government owned product at the contractor’s facility in accordance with the latest version of Mil-Std-3004.

3.2 Quality Control Plan: The Quality Control Plan (QCP) shall provide comprehensive and detailed step-by-step procedures covering all requirements in clause E1.11, QUALITY CONTROL PLAN. Following contract award, the Contractor shall have 30 days to submit the detailed plan to the DESC-ME QM, QAR and Contracting Officer for review and acceptance. Written procedures must be clear and concise as to: what is done, where it's done, when it's done, how it's done, and who (which contractor employee position) does it. It must describe, in proper sequence, how contract compliance will be achieved and how the contractor intends to perform the required services in order to ensure that all products meet specification requirements during the performance of the contract. The plan shall include procedures for the following operations, as they affect quality control, and an organizational chart that identifies responsible parties for these operations:

a. Receiving - See Clause F1.04

b. Blending – See Clause F45.03

c. Sampling – See Clause C19.07

d. Testing – See Clause C19.07 and E28

e. Calibration

f. Storage and Handling – See Clauses E28 and I116

g. Loading and Shipping – See Clause F1.05

h. Quantity Determination – See Clause F1.14

I. Records and Reports – See Clause I119.04

j. Corrective Action

The QCP must describe at a minimum those functions pertinent to contract performance and compliance. The QCP must be reviewed/approved upon initial award to assure the technical and procedural requirements are adequately described. The QCP must be dynamic (i.e., modified or extended as changes in technical or procedural requirements occur). Contractor responsibility to inspect product and services shall be in accordance with clause E28, CONTRACTOR INSPECTION RESPONSIBILITIES.

3.2.1 The Contractor shall report immediately to DESC Middle East QM or the QAR all receipts or on-hand stocks that fail to meet product quality for receipt, storage, or shipment in accordance with the Quality Control Plan. Suspected off-specification product will be isolated and shall not be released for shipment until authorized by the DESC-ME QM, Contracting Officer or the QAR.

3.3 Calibration: Calibration of testing equipment required under the provisions of this contract shall be covered in the Quality Control Plan (QCP). The frequency of testing may be increased by the QAR as required.

3.4 Quality During Shipments General: General loading conditions for tank trucks, tank cars, tankers and barges shall be in accordance with clause F1.05, GENERAL SHIPPING CONDITIONS. Written procedures shall be in place for product movement and related quality/quantity checks from shipping tank(s) to conveyance in order to maintain product integrity. The QCP shall provide a description of procedures to use for transfer system from shipping tank to conveyance in order to maintain product integrity, including but not limited to, procedures for properly isolating loading system from shipping tank to conveyance to prevent contamination.

3.5 Quality during Receipts of Tankers and Barges: General receiving conditions for tankers and barges shall be in accordance with clause F1.04, GENERAL RECEIVING AND STORING CONDITIONS. Before commencing with a receipt of fuel, the contractor shall assure that the shore-side is ready for discharge to ensure the quality of the product in the receipt tank(s) after receiving the product. The terminal shall be aware of the time of the vessel’s arrival. State procedures for assuring condition of loading line (i.e., full of tested product, all air bled and pressure packed, etc.) and gauging shore tanks, both before and after discharge. Determine net quantities before discharge.

3.5.1 Additional testing shall be performed if required to assure split cargoes have not been commingled. Establish procedures for the transportation of samples from vessel to the testing facility. Establish procedures for monitoring the discharging from vessel to shore tank, investigating irregularities immediately, and stopping discharging if necessary. Establish procedures for investigating discrepancies in quality (mandated if off-specification or out of testing tolerance) and quantity.

3.5.2 Establish procedures for immediately notifying the QAR/QM when irregularities occur or are suspected and on all occasions when loading is interrupted. Establish procedures for completing and distributing required documentation prior to release of the vessel.

Documentation includes DD Form 250-1 and DD Form 250-1 continuation sheet, ullage reports, and results of quality/quantity investigations.

3.6 General: In the absence of any contract provision or referenced method, specification, or other instruction, the Contractor shall perform all services in accordance with the best commercial practices. The contractor is required to obtain all permits, licenses for the land in the country to operate this facility.

CONTRACT LINE ITEM 1001 (MUCC) (multi-year): The prices for the services and facilities to be provided during the performance of the five-year (multi-year) period August 23, 2010 to August 22, 2015 includes the following:

TANK NUMBER

TANK TYPE

PRODUCT TO BE STORED

SHELL CAPACITY

(BARRELS)

FILL CAPACITY

(BARRELS)

USE CHARGE PER TANK

PER MONTH

(PRORATED FOR PARTS OF

MONTH)

(INCLUDES INITIAL FILL

AND FINAL SHIPMENT)

PRICE

SUBLINE ITEM 1001AA - EXCESS THROUGHPUT (EXTP): In excess of 4,000,000 barrels of throughput per year or prorated part thereof for any part year that the use of storage is limited to a period of less than one year, the contractor will be reimbursed $______ per barrel. Throughput is defined as receipts plus issues divided by two.

CONTRACT LINE ITEM 1002 – INJECTION FUEL SYSTEM ICING INHIBITOR (IFSI): The contractor will be reimbursed $_______ per gallon (multi-year) for injection of FSII (See Clause F45.03).

CONTRACT LINE ITEM 1004 – INJECTION FUEL CONDUCTIVITY ADDITIVE (IFCA): The contractor will be reimbursed $_______ per gallon (multi-year) for injection of Conductivity Additive (See Clause F45.01).

CONTRACT LINE ITEM 1005 – TANK TRUCK/HAULING CHARGES (TRANS) The contractor will be reimbursed $_______ per barrel (multi-year) for tank truck transportation charges

CONTRACT LINE ITEM 1006 – PORT/HARBOR USE FEES (FEES) The contractor will be reimbursed for all taxes, harbor fees.

CONTRACT LINE ITEM 1007 - LABORATORY SERVICE (LABS): The Contractor will be reimbursed for Laboratory Support Services (See Clause C19.07).

CONTRACT LINE ITEM 1008 - FILTERS (FLTR): The Contractor will be reimbursed for filter replacement and disposal. (See 2.6 of PWS)

(DESC 52.207-9F85)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DESC OCT 2001)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests. The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) clause.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

(DESC 52.211-9FL5)

SECTION E – INSPECTION AND ACCEPTANCE

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DESC NOV

2003)

(a) The Contractor shall maintain and make available upon request the following historical data relative to each storage tank provided:

(1) Date and type of construction;

(2) Name of installing contractor;

(3) Product service (past and present) and dates;

(4) Date of last cleaning/physical entry inspection and contractor's name;

(5) Structural condition based on cycle inspection at the time of cleaning or repair;

(6) Record or tank repairs;

(7) Tank dimensions and capacity;

(8) Inspection and tank cleaning frequency (date of next mandatory inspection, when tank out of service, required);

(9) Tank coating history;

(10) Tank strapping charts;

(11) As built drawings (if available); and

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage. Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

(i) Every 4 years for uncoated storage tanks without an inlet-filter separator;

(ii) Every 6 years for either a coated tank without an inlet filter separator, or for an uncoated tank with an inlet-filter separator; and

(iii) Every 8 years for coated tanks with an inlet-filter separator.

(iv) For storage tanks with direct receipt of fuel from barge or tanker, the frequency for physical entry inspection and cleaning will be 3, 5, and 8 years for (i), (ii), and (iii) above, respectively.

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a build up of sediment in the tanks.

(2) GROUND AND MARINE FUEL STORAGE TANKS. Tanks will be emptied, cleaned, and inspected when sample analysis indicates a build up of sediment in the storage tanks.

(c) The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with DESC at the time of the last cleaning.

(d) Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed in (b)(1) above and the Government is shown to be at fault, then the Government will be responsible for cleaning, sampling, and testing costs. In all other cases, tanks requiring cleaning will be removed from revenue and cleaned at the Contractor's expense.

(e) At the time of offer submission, the offeror shall provide the Contracting Officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (see chart below). This listing shall include the tank number, location, reason for being out of service, dates the tank will be out of service and provisions that have been made to replace the tankage while it is out of service. Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.

Tank Number Location Reason Dates Replacement Tankage

(DESC 52.246-9FF1)

SECTION F – DELIVERIES OR PERFORMANCE

F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DESC DEC 1991)

During the contract period, _______________ through _______________, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

(DESC 52.242-9FA1)

SECTION G – CONTRACT ADMINISTRATION DATA

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)

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:

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: | | | | | | | | | | | | | | | | | | | | | | | | | |

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)

THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR FOREIGN SUPPLIERS

WHO CHOOSE PAYMENT BY THE FEDERAL RESERVE WIRE TRANSFER SYSTEM,

WHICH DOES NOT REQUIRE THE RECEIVING BANK TO BE LOCATED IN THE

UNITED STATES .

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

TRANSFER SYSTEM (DESC JAN 2007)

(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 capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the 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.

(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DESC fill-in)

CONTRACT NUMBER: ______________________________________________ (DESC fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM ONLY)

(6 CHARACTERS ONLY)

(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |

SIGNATURE _______________________________________________________

(e) Notwithstanding any other provision of the contract, the requirements of this clause shall control.

(DESC 52.232-9FJ2)

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)

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

CONTRACTOR REGISTRATION (MAY 1999)

(a) METHOD OF PAYMENT.

(1) All payments by the Government under this contract…