ADDENDUM PACKAGE SP0600-09-R-0704.pdf

SECTION II

ADDENDUM

PACKAGE

SOLICITATION: SP0600-09-R-0704

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING TIME PERIOD(S):

NAVY REQUIREMENT

BASE YEAR PERFORMANCE PERIOD

SEPTEMBER 15, 2009 THROUGH JUNE 30, 2010

OPTION QUANTITY PERFORMANCE PERIOD

JULY 1, 2010 THROUGH JANUARY 1, 2012

AIR FORCE REQUIREMENT

BASE YEAR PERFORMANCE PERIOD

SEPTEMBER 15, 2009 THROUGH SEPTEMBER 30, 2010

OPTION QUANTITY PERFORMANCE PERIOD

OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013

SP0600-09-R-0704

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SECTION II

ADDENDUM PACKAGE

INDEX OF CLAUSES

CLAUSE NUMBER CLAUSE TITLE PAGE

SECTION B

B1 SUPPLIES TO BE FURNISHED (BULK) (DESC SEP 2001) A-1

SECTION C

C1 SPECIFICATIONS (DESC JAN 1997) A-5

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) A-5

SECTION E

E5 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) A-6

E14.02 INSPECTION AND ACCEPTANCE (BULK/SPR) (DESC MAR 1996) A-7

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) A-7

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006) A-8

(SEE OFFER SUMBISSION PACKAGE FOR FULL TEXT)

E40 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) A-8

E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DESC MAR 2000) A-9

SECTION F

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS A-10

TRANSPORT TRUCKS, TRUCKS AND TRAILERS, TANK WAGONS

PIPELINE, AND LIGHTERS (DESC JUN 2002)

F1.09 DETERMINATION OF QUANTITY (DESC OCT 2008) A-11

F4 DELIVERY AND ORDERING PERIOD (DESC JUN 2002) A-14

(THIS CLAUSE APPLIES TO NAVY REQUIREMENTS ONLY)

F4 DELIVERY AND ORDERING PERIOD (DESC JUN 2002) A-14

(THIS CLAUSE APPLIES TO AIR FORCE REQUIREMENTS ONLY)

F14 SHIPMENT AND ROUTING (DESC MAR 2003) A-14

F17 F.O.B. ORIGIN (FEB 2006) A-15

F105 VARIATION IN QUANTITY (APR 1984) A-16

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SECTION G

G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) A-17

G6 INVOICE DISCREPANCIES (BULK) (DESC SEP 2002) A-17

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –CORPORATE TRADE A-17

EXCHANGE (DESC MAR 2003)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS –FEDERAL RESERVE WIRE A-17

TRANSFER SYSTEM (DESC JAN 2007)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

G150.05 SUBMISSION OF INVOICES FOR PAYMENT – COMMERCIAL ITEMS A-17

(BULK) (DESC NOV 2008)

SECTION I

I1.01 DEFINITIONS (BULK) (DESC JUL 1996) A-20

I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP 2007) A-21

I2.05 CHANGES – FIXED PRICE (AUG 1987) A-22

I12.02 CHOICE OF LAW (OVERSEAS) (JUN 1997) A-22

I14.04 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) A-23

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) A-23

I28.02-1 FEDERAL AND STATE TAXES/FEES (DESC JUL 2006) A-24

I28.03-1 TAX EMEPTION CERTIFICATES (DESC AUG 2003) A-24

I28.21 TAXES – FOREIGN FIXED-PRICE CONTRACTS (JUN 2003) A-25

I28.24 U.S. IMPORT TAX ON PETROLEUM (BULK) (DESC DEC 1980) A-26

I33 INTEREST (JUN 1996) A-26

I86.12 DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT (BULK) (DESC SEP 2006) A-26

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I171.07 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) A-27

I190.04 MATERIAL SAFETY DATA SHEETS –COMMERCIAL ITEMS (BULK) A-28

(DESC MAR 1996)

I209.07 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) A-28

THIS CLAUSE APPLIES TO NAVY REQUIREMENTS ONLY

I211 ORDERING (OCT 1995) A-28

THIS CLAUSE APPLIES TO AIR FORCE REQUIREMENTS ONLY

I211 ORDERING (OCT 1995) A-28

I226 AVAILABILITY OF FUNDS (APR 1984) A-28

SECTION J

OSP ATTACHMENTS

DESC FORM 19.3– SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 1 TO OSP

STANDARDIZED FORMAT FOR USE IN THE PREPARATION OF ATTACHMENT 2 TO OSP

PRODUCT TEST REPORTS

SIGNATURE SHEET FOR BULK PORTS ATTACHMENT 3 TO OSP

ADDENDUM ATTACHMENTS

NAVY SPECIFICATION ATTACHMENT 1

AIR FORCE SPECIFICATION ATTACHMENT 2

CONTRACTOR INSPECTION RESPONSIBILITIES FOR HYDRO-TREATED ATTACHMENT 3

RENEWABLE JET (HRJ) BOTH HR-J5 & HR-J8 AVIATION FUEL (DESC JUN 2009)

SECTION K

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-30

ITEMS (CONT’D) (DESC FEB 2009)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-30

ITEMS (ALTERNATES I/II) (FEB 2009/APR 2002/OCT 2000)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL A-30

ITEMS (JUN 2005)

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

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K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC JUL 2007) A-30

K15.01 RELEASE OF UNIT PRICES (BULK) (DESC NOV 2002) A-30

K33.01 AUTHORIZED NEGOTIATORS (APR 2007) A-30

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K45.01 FACSIMILE OR ELECTRONIC INVOICING (DESC JAN 1998) A-30

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A-30

A TERRIORIST COUNTRY (OCT 2006)

K86 FOREIGN TAXES (DESC JUN 1987) A-31

(SEE OFFER SUBMISSION PACKAGE FOR FULL TEXT)

K93 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) A-31

SECTION L

L2.11-2 FACSIMILE PROPOSALS (OCT 1997) A-32

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) A-32

L5.01-1 AGENCY PROTESTS (APR 2006) – DLAD A-33

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION A-33

(JUN 2001) – DLAD

L74 TYPE OF CONTRACT (APR 1984) A-33

SECTION M

M41 EVALUATION OF OFFERS - TRANSPORTATION RATES AND RELATED COSTS A-34

(DOMESTIC PC&S AND LUBES) (DESC SEP 2000)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) A-34

RECOVERY ACT CLAUSES

FAR CLAUSES – PERTAINING TO RECOVERY ACT FOR NAVY REQUIREMENTS A-35

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SECTION B

B1 SUPPLIES TO BE FURNISHED (BULK) (DESC SEP 2001)

(a) The minimum and maximum quantities are defined in the DELIVERY-ORDER LIMITATIONS - SCOPE OF CONTRACT clause.

(b) The supplies to be furnished during the contract period and all associated data are as follows:

(DESC 52.207-9F10)

HYDROTREATED RENEWABLE JP5 (HR-J5)

BASE-YEAR REQUIREMENT – SEPTEMBER 15, 2009 THROUGH JUNE 30, 2010

NOTES:

1. FOB Origin into Tank Truck (TT) or Intermodal Container (IC).

2. FOB Origin TT restricted to domestic FOB points.

3. Tank Truck is the preferred mode of delivery.

4. FOB Origin TT and IC offers will be evaluated directly to the end-user locations.

ITEM LOCATION TOTAL QTY (USG) PRICE/USG MODE

0001 (SEE DETAILS FOR INDIVIDUAL 40,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

NAS PATUXENT RIVER, MD (1,500 USG - ESTIMATED DELIVERY DATE SEPEMBER 15, 2009)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

GENERAL ELECTRIC, EVANDALE, OH (16,500 USG – ESTIMATED DELIVERY DATE NOVEMBER 1, 2009)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

NAS PATUXENT RIVER, MD (22,000 USG - ESTIMATED DELIVERY DATE APRIL 1, 2010)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

OPTION-QUANTITY REQUIREMENT - JULY 1, 2010 THROUGH JANUARY 1, 2012

0002 (TO BE DETERMINED) 150,000 $_________ ______

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B1 (CONT’D)

HYDROTREATED RENEWABLE JP8 (HR-J8)

BASE-YEAR REQUIREMENT – SEPTEMBER 15, 2009 THROUGH SEPTEMBER 30, 2010

NOTES:

1. FOB Origin into Tank Truck (TT) or Intermodal Container (IC).

2. FOB Origin TT restricted to domestic FOB points.

3. FOB Origin TT and IC offers will be evaluated directly to the end-user locations.

4. Item 0003 will be awarded to one source (with option quantity Item 0005). Item 0004 will be awarded to one source (with option quantity Item 0006).

0003 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

WRIGHT-PAT AFB, DAYTON, OH (3,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

ARNOLD ENG DEV CTR, TULLAHOMA, TN (87,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG)

MODE FSII SDA CI AO

0004 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

WRIGHT-PAT AFB, DAYTON, OH (3,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

ARNOLD ENG DEV CTR, TULLAHOMA, TN (87,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG)

MODE FSII SDA CI AO

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OPTION-QUANTITY REQUIREMENT – OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013

0005 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

WRIGHT-PAT AFB, DAYTON, OH (3,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

ARNOLD ENG DEV CTR, TULLAHOMA, TN (87,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG)

MODE FSII SDA CI AO

0006 (SEE DETAILS FOR INDIVIDUAL 100,000 $_________ ______

CUSTOMERS TO BE SUPPLIED)

WRIGHT-PAT AFB, DAYTON, OH (3,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

ARNOLD ENG DEV CTR, TULLAHOMA, TN (87,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

EDWARDS AFB, NORTH EDWARDS, CA (10,000 USG)

MODE FSII SDA CI AO

IC NONE NONE NONE NONE

TRUCK NONE NONE NONE NONE

THE FOLLOWING INFORMATION APPLIES TO ALL INTERMODAL CONTAINER (SEA VAN) MOVEMENTS:

Intermodal Container (Sea Van) deliveries will be FOB origin (contractor’s facilities). The Government will furnish and ship bulk containers to the point specified by the contractor for filling. Overall dimensions of Intermodal Containers including conveyance used to transport the container are:

LENGTH - 44 Feet HEIGHT (Vertical Clearance) - 12 Feet 6 Inches WIDTH - 8 Feet.

Under the Intermodal Safe Container Transportation Amendments Act of 1996, effective April 9, 1997, the shipper must complete weight certifications for shipments projected to exceed a gross weight of 29,000 pounds. The contractor should include the following information on the shipping documents:

1. The actual gross cargo weight (including packing materials, pallets and dunnage).

2. A reasonable description of the contents of the container or trailer.

3. The identity of the certifying party.

4. The container or trailer number.

5. The date of certification or transfer of documentation to another document for forwarding to the next carrier.

If the shipping document does not display the items delineated above, in any order, then the information must be displayed on a separate sheet of paper marked “INTERMODAL CERTIFICATION.”

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GENERAL SOLICITATION NOTES

1. The ordering period is DATE OF AWARD through JUNE 30, 2010 (see Clause F4).

2. Any resultant contract will be Firm Fixed Price (see Clause L74).

3. The guaranteed purchase quantity is not less than 75 percent (see Clause I86.12).

4. Materials: Hydrotreated Renewable JP-5 (HR-J5) fuel supplied under this procurement shall consist predominately of n-paraffins, iso-paraffins and cycloparaffins and shall be produced solely from triglycerides and free fatty acids derived from either plant or algal oils.

5. Chemical and Physical Requirements: The chemical and physical requirements of the finished HR-J5 shall conform to those listed in the Navy specification (see Attachment 1).

6. Feedstock: The feedstocks shall be produced in the USA. In order to minimize the variables during this initial testing, the feedstock oil used to produce all quantities of HR-J5 fuel shall come from the same source. The offeror shall identify the location and process used to produce the oil. It is desirable that the HR-J5 being purchased meet the Sustainable Aviation Fuel Users Group’s goals for sustainability, one of which intends that the fuel be produced from feedstocks which do not compete with food production.

7. Production: The offeror shall identify the location and production processes utilized to produce the HR-J5.

1. The ordering period is DATE OF AWARD through SEPTEMBER 30, 2010 (see Clause F4).

2. Any resultant contract will be Firm Fixed Price (see Clause L74).

3. The guaranteed purchase quantity is not less than 75 percent (see Clause I86.12).

4. Materials: Hydrotreated Renewable JP-8 (HR-J8) fuel supplied under this procurement shall consist predominately of n-paraffins, iso-paraffins and cycloparaffins and shall be produced solely from triglycerides and free fatty acids derived from either plant or algal oils or animal fat or mixtures thereof.

5. Chemical and physical requirements: The chemical and physical requirements of the finished HR-J8 shall conform to those listed in the Air Force specification (see Attachment 2).

6. Feedstock: For all deliveries throughout the contract period the volumetric proportion of feedstocks (triglycerides and free fatty acids derived from either plant or algal oils or animal fat) used to produce hydro-treated renewable jet (“HRJ”) fuel shall be consistent. The type and number of feedstocks used in the production of the “HRJ” fuel for this procurement shall be the same for each delivery.

7. Production: The offeror shall identify the location and production processes utilized to produce the HR-J8.

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SECTION C

C1 SPECIFICATIONS (DESC JAN 1997)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS clause, the product offered will be assumed to fully meet the applicable specification(s).

(DESC 52.246-9FT5)

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000)

Unless otherwise specified, the issues of Federal and Military specifications, standards, and related standardization documents and those non-Government standards adopted for Department of Defense use, which are cited in this solicitation/contract, are those listed in the most recent Department of Defense Index of Specifications and Standards (DODISS) and any applicable supplement. The basic DODISS is issued on July 1st every year; supplementals thereto are issued every other month thereafter, those dates being September 1st, November 1st, January 1st, March 1st, and May 1st.

(DESC 52.246-9FT1)

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SECTION E

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

(a) DEFINITION. Supplies, as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government, for acceptance, only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; PROVIDED, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

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E5 (CONT’D)

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; PROVIDED, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(FAR 52.246-2)

E14.02 INSPECTION AND ACCEPTANCE (BULK/SPR) (DESC MAR 1996)

On f.o.b. origin deliveries, acceptance of the supplies furnished hereunder will take place at origin, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. On f.o.b. destination deliveries, acceptance of the supplies furnished hereunder will take place at destination, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. Acceptance occurs when the authorized Government Representative signs the Material Inspection and Receiving Report (DD Form 250 series). The office responsible for inspection, on behalf of the Government, shall be as follows:

SOURCE OF PRODUCT

ITEM(S) AND/OR SHIPPING POINT INSPECTOR(S)

TO BE DETERMINED BY DESC PRIOR TO CONTRACT AWARD

(DESC 52.246-9FH5)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s). A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

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E35 (CONT’D)

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

(DESC 52.246-9FQ5)

E33.07 MANFACTURING AND FILLING POINTS (DESC MAR 2006)

E40 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

(DFARS 252.246-7000)

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E40.05 MATERIAL INSPECTION AND RECEIVING REPORT (DESC MAR 2000)

(a) One copy of the documents and reports listed below shall be mailed to--

ATTN DESC-BP (LR) ROOM 2954

DEFENSE ENERGY SUPPORT CENTER

8725 JOHN J KINGMAN ROAD SUITE 4950

FORT BELVOIR VA 22060-6222

(b) Laboratory reports shall be in the Standard Report Format given in Attachment OSP2 for the Standardized Format for Use in Preparation of Product Test Reports. Include, where applicable, information on any intermediate shipping or holding tanks with batch number designations used to define the product movement. Use the guidelines below to determine when to submit the laboratory reports.

(1) MARINE SHIPMENTS. Submit a completed DD Form 250-1, test reports, and vessel ullage reports for all products shipped.

If more than one shipping tank was used for the lift, include a complete analysis of each shipment tank and clearly indicate the quantity of product drawn from each tank.

(2) PIPELINE SHIPMENTS. Submit a completed DD Form 250, copy of order (DD Form 1155), and complete laboratory results for total quantity of product shipped from each shipping tank used to fill the order. Insure test methods or test codes as defined in the Attachment are specified on the test report.

(3) TRUCK AND RAIL CAR SHIPMENTS. When loading from source tank has finished, submit one copy of the complete laboratory analysis for the source tank and attach all DD Forms 250 for product received from that source tank. Insure test methods or test codes as defined in the Attachment are specified on the test report.

(c) If only one shipment is made from a shipping tank, then the quantity of the Standard Report Format should represent the quantity shipped and not the tank capacity or the quantity in the tank at the time of sampling. If more than one shipment was made from the same shipping tank, the quantity can either be left blank or annotated with the quantity shipped during that individual shipment.

(d) In all cases, the DD Form 250 or DD Form 250-1 should contain information that will connect the shipment being documented with the product source tank used. This information includes batch number, tank approval date, and tank number. Insure that the "city" indicated on the Standard Test Report Form matches the city from which the shipment was made that is indicated in the "Shipped From" block on the DD Form 250 series document.

(DESC 52.246-9FG1)

A-10

SECTION F

F1 DELIVERY CONDITIONS FOR TANK CARS, BOXCARS, TRUCKS, TRANSPORT TRUCKS, TRUCKS

AND TRAILERS, TANK WAGONS, PIPELINE, AND LIGHTERS (DESC JUN 2002)

(a) On items calling for delivery at Contractor's refinery, terminal, or bulk plant f.o.b. tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, at Contractor's expense, into equipment specified in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries shall be made upon the day specified in the order provided that the Contractor shall have received the order at least 48 hours prior to the day so specified, except for deliveries--

(i) By pipeline (other than into vessel, dredge, or barge for use as ships' bunkers) for which the Contractor shall be given 15 days' notice prior to the date so specified; and

(ii) Into vessel, dredge, or barge by any means of delivery including pipeline for use as ships' bunkers, for which deliveries the Contractor shall be given 24 hours' notice prior to the specific time delivery is to be made.

(3) All packaged or drummed material to be delivered f.o.b. boxcar, truck, or lighter shall be loaded (braced and blocked where necessary) by the Contractor as follows:

(i) RAIL SHIPMENTS IN CONTINENTAL UNITED STATES AND ALASKA.

(A) In accordance with the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause.

(B) To the extent there is no conflict between the standards mentioned in paragraph (a) of the LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS clause, when a freight advantage to the Government would result, the Contractor will load boxcars to maximum capacity, including multiple tiering.

(ii) TRUCK SHIPMENTS IN THE UNITED STATES. In accordance with ICC Regulations and best commercial practices.

(iii) RAIL SHIPMENTS AND TRUCK SHIPMENTS - OVERSEAS, POSSESSIONS AND TERRITORIES. In accordance with best commercial practices and local regulations, or as indicated in the Schedule.

(iv) LIGHTER. In accordance with best commercial practices.

(4) Except for supplies delivered f.o.b. boxcar, truck, or lighter, title to the supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving conveyance. Title to supplies delivered f.o.b. boxcar, truck, or lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car, truck, or lighter is released to, and accepted by, the carrier.

(b) On items calling for delivery f.o.b. destination by means of tank car, boxcar, truck, transport truck, truck and trailer, tank wagon, pipeline, or lighter--

(1) Supplies ordered hereunder shall be delivered, all transportation charges paid, to the destination and by means of the transportation equipment specified in the Schedule or, if no specific destination is indicated in the Schedule, to the destination specified in the order.

Delivery shall be accomplished at Contractor's expense into Government storage or into the type of receiving equipment otherwise specified in the Schedule or in the order, except for--

(i) Delivery by tank car which shall be accomplished by spotting the car alongside the unloading manifold connection at the specified destination;

(ii) Delivery by boxcar which shall be accomplished at the specified destination as follows:

(A) If such activity has a railroad siding, by spotting the car alongside the unloading platform or elsewhere at such destination as may be designated by the receiving activity;

or

(B) If such activity does not have a railroad siding at the unloading platform of the railroad siding serving such activity, and if the freight tariff provides for free pickup and delivery service, delivery shall be made to the activity specified in the order;

(iii) Delivery by truck which shall be accomplished by spotting the truck at the unloading platform at the specified destination and by placing the drummed or packaged supplies at the tailgate of the truck; and

(iv) Delivery by lighter which shall be accomplished as indicated in the Schedule.

(2) Unless otherwise specified in the Schedule, all deliveries by tank car or boxcar shall be made within 24 hours from the time specified in the order, provided that such order shall have been received by the Contractor at least 120 hours prior to the time so specified; all other deliveries, except as hereinafter indicated, shall be made on the day specified in the delivery order and unless otherwise authorized by the receiving activity during normal working hours of such activity, provided that such order shall have been received by the Contractor at least 48 hours prior to the days so specified. Pipeline deliveries (except those into vessel, dredge, or barge) shall be made on the day specified in the delivery order, provided the order shall have been received by the Contractor at least 15 days prior to the day so specified. Delivery into vessels, dredges, or barges from a marine service station or by means of transport truck, truck and trailer, tank wagon, or pipeline shall be made at the specific time specified in the order, provided that such order shall have been received by the Contractor at least 24 hours prior to the specific time such delivery is required to be made.

A-11

F1 (CONT’D)

(3) The Contractor shall not be required to deliver by transport truck or truck and trailer a quantity less than a full load nor into more than one storage tank, with the following exceptions:

(i) An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, or, if this procurement is for Central America only, jet fuel, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted either by a tank capacity or by a directive from receiving a larger quantity; and

(ii) Where the Schedule provides for multiple drop delivery, the Contractor may be required to deliver into more than one storage tank. Where truck and trailer is the method of delivery specified, the Contractor may, at its option, make delivery by transport truck. In the case of deliveries in Alaska, where truck and trailer or transport truck is the method of delivery specified, the Contractor may, at its option, make delivery by tank wagon.

(4) The Contractor shall not be required to deliver by tank wagon a quantity of less than 575 liters (or 150 gallons) but, at the Government's option, may be required to deliver into more than one storage tank.

(5) When delivery of fuel oil or lubricating oil is made by tank car, such car shall be equipped with steam coils, if specified in the order, to facilitate the unloading of such product.

(6) When delivery is made by tank wagon, such wagon shall be equipped with pump, meter, and a minimum of 100 feet (30 meters) of hose. Where delivery is made by transport truck or truck and trailer, such delivery equipment shall be equipped with a minimum of 15 feet of hose.

(7) When delivery is made by tank wagon, transport truck, or truck and trailer to a Government facility--

(i) The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to reasonably assure that delivery can be made without damage to vegetation and asphalt pavement adjacent to storage facilities being filled. The Contractor's delivery personnel who have not exercised reasonable care and delivery equipment which is poorly maintained, may be refused entrance to the installation by the installation Commander.

(ii) The Contractor shall present delivery equipment and product in such condition at destination so as to permit complete off-loading within the prescribed free time.

(8) Unless otherwise provided in the Schedule, free time for unloading trucks, transport trucks, or trucks and trailers shall be unlimited.

(9) Except for supplies delivered by tank car, boxcar, truck, or lighter, title to supplies delivered, and risk of loss thereof, shall pass from the Contractor to the Government when the supplies pass into the receiving facilities. Title to supplies delivered by tank car or boxcar, and risk of loss thereof, shall pass from the Contractor to the Government at the time the car is released by the carrier for unloading. Title to supplies delivered by truck, and risk of loss thereof, shall pass from the Contractor to the Government when the drummed or packaged supplies are removed from the truck. Title to supplies delivered by lighter, and risk of loss thereof, shall pass from the Contractor to the Government at the time the receiving vessel's tackle is attached to the supplies to be unloaded.

(DESC 52.247-9FA1)

F1.09 DETERMINATION OF QUANTITY (DESC OCT 2008)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) F.O.B. ORIGIN. All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(i) DELIVERIES INTO TANKER OR BARGE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tanker or barge, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping/shore tank measurement.

(ii) DELIVERIES INTO PIPELINE. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a pipeline, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated meter; or

(B) Shipping tank measurements.

(iii) DELIVERIES INTO RAIL TANK CAR. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into rail tank car, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the rail tank car.

A-12

F1.09 (CONT’D)

(iv) DELIVERIES INTO TANK TRUCK, TRUCK AND TRAILER, OR TANK WAGON. On items requiring delivery at the Contractor's refinery, terminal, or bulk plant on an f.o.b. origin basis into a tank truck, truck and trailer or tank wagon, the quantity shall be determined (at the Contractor's option) on the basis of--

(A) Calibrated loading rack meter;

(B) Weight, using calibrated scales; or

(C) Certified capacity table for the conveyance or container.

(v) DELIVERIES INTO INTERMODAL CONTAINER. On items requiring delivery at the Contractor’s refinery, terminal, or bulk plant on an f.o.b. origin basis into an intermodal container, the quantity shall be determined (at the Contractor’s option) on the basis of--

(A) Calibrated loading rack meter, loading either through top or bottom tank outlets (top loading requires loading gantry or “fall arrest” system);

(B) Certified capacity table for the container; or

(C) Weight, using calibrated scales.

(2) F.O.B. DESTINATION.

(i) DELIVERIES BY TANKER OR BARGE.

(A) On items requiring delivery on an f.o.b. destination basis by tanker or barge, the invoice quantity shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meters on the receiving tank system; or

(2) Receiving tank measurements.

(B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(ii) DELIVERIES BY PIPELINE.

(A) On items requiring delivery by pipeline on an f.o.b. pipeline junction or f.o.b. destination basis, the invoice quantity shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meters on the pipeline junction or the receiving tank system; or

(2) Receiving tank measurements.

(B) F.o.b. pipeline junction is defined as the junction between a Contractor-owned or controlled pipeline and a Government-owned or controlled pipeline.

(C) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iii) DELIVERIES BY RAIL TANK CAR.

(A) On items requiring delivery on an f.o.b. destination basis by rail tank car, the quantity of supplies furnished under this contract shall be determined (at the Government’s option) on the basis of--

(1) Calibrated meter on the receiving tank system;

(2) Weight, using calibrated scales at the receiving location;

(3) Certified capacity table for the rail tank car; or

(4) Receiving tank measurements.

(B) All invoice quantities shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius).

(iv) DELIVERIES BY TANK TRUCK, TRUCK AND TRAILER, TANK WAGON, OR INTERMODAL CONTAINER.

(A) On items requiring delivery on an f.o.b. destination basis by tank truck, truck and trailer, tank wagon, or intermodal container, the quantity shall be determined in the following order of preference:

(1) Calibrated temperature compensating meters on the receiving system (as identified in the Schedule).

(2) Calibrated temperature compensating meter on the delivery conveyance (as identified in the Schedule).

(3) Weight, using calibrated scales at the receiving location (as identified in the Schedule).

(4) Calibrated meters on the receiving system, requiring manual volume correction (as specified in the Schedule).

(5) Loading ticket mechanically imprinted with the volume corrected (net) quantity. The ticket must be generated at the time of loading and be based on a calibrated loading rack meter or calibrated scales.

(6) Calibrated meter on the delivery conveyance, requiring manual volume correction.

(7) Loading ticket, not volume corrected (requiring manual volume correction).

(B) Invoice quantities for all residual fuels and lubricating oils and invoice quantities for other products that are in excess of 5,000 gallons (or 18,900 liters) shall be converted to net gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius). Invoice quantities of nonresidual fuels and lubricating oils which are less than 5,000 gallons (or 18,900 liters) do not require correction to net gallons (or liters). For this purpose, residual fuels are any products with a viscosity equal to or greater than a regular (not light) No. 4 Fuel Oil (ASTM D 396).

A-13

(b) WATER BOTTOMS.

(1) Every delivery must be free of all water bottoms prior to discharge; and

(2) The Contractor is responsible for their removal and disposal.

(c) MEASUREMENT RESTRICTIONS. All methods of measurement described in this clause are subject to government safety and environmental restrictions, foreign and domestic. Such restrictions may prohibit, or render ineffective, a particular method in some cases.

(d) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Outside the U.S., other technically equivalent national or international standards may be used. Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor to the aforementioned measurement and calibration standards. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (this chapter is an adjunct to ASTM D 1250, IP 200 and ISO 91-1). Either the 2004 or 1980 version of the standard may be used. Either the printed tables (an adjunct to the 1980 version) or the computer subroutine version of the standard may be used. In case of disputes, the computer subroutine for the 2004 version of the standard will be the referee method.

(i) For crude oils, JP4, and Jet B, use Volume I, Tables 5A and 6A; Volume VII, Tables 53A and 54A; or Volume IV, Tables 23A and 24A.

(ii) For lubricating oils, use Volume XIII, Tables 5D and 6D; Volume XIV, Tables 53D and 54D; or Tables 23D and 24D (2004 version).

(iii) For all other fuels and fuel oils, use Volume II, Tables 5B and 6B; Volume VIII, Tables 53B and 54B; or Volume V, Tables 23B and 24B.

(iv) For chemicals/additives, use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(v) Volume XII, Table 52, shall be used to convert cubic meters at 15 degrees Celsius to barrels at 60 degrees Fahrenheit.

Convert liters at 15 degrees Celsius to cubic meters at 15 degrees Celsius by dividing by 1,000. Convert gallons at 60 degrees Fahrenheit to barrels at 60 degrees Fahrenheit by dividing by 42. Should foreign law restrict conversion by this method, the method required by law shall be used.

(vi) As an option to (d)(1)(v), liters may be converted to gallons using Table F1.09A (see below). If this option is used, it must be agreed upon by both parties and shall remain in effect for the duration of the contract. Should foreign law restrict conversion by this method, the method required by law shall be stated in the offer.

(vii) If the original measurement is by weight and quantity is required in U.S. gallons, then--

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 12 months, whichever is more frequent. A meter calibration log/calibration certificates shall be maintained which, as a minimum, contains--

(i) Number/name of each meter;

(ii) Calibration frequency;

(iii) Date of the last calibration;

(iv) Due date for next calibration;

(v) Name and signature of the person performing the calibration;

(vi) Traceability to master meter/prover used for calibration; and

(vii) Calibration report number.

Each meter shall be marked with the date of the last calibration and due date for the next calibration. All calibration meter records and logs/certificates shall be kept on file and made available upon request. All calibration records (including logs or certificates) shall be retained on file for a period of three years.

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(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter. Outside the U.S., use of a tank shell correction factor is not required unless its use is a customary practice for custody transfer.

TABLE F1.09A

CONVERSION FACTOR TABLE

Density @ 15oC Gallons @ 60oF to Liters @ 15oC, Multiply by

Liters @ 15oC to Gallons @ 60oF, Multiply by

0.723 – 0.768 3.78286 0.26435

0.769 – 0.779 3.78309 0.26433

0.780 – 0.798 3.78334 0.26432

0.799 – 0.859 3.78356 0.26430

0.860 – 0.964 3.78381 0.26428

0.965 – 1.074 3.78405 0.26427

(e) RIGHT TO REPRESENTATIVE. For f.o.b. origin deliveries, the Government has the right to have a representative present to witness the measurement of quantity. For f.o.b. destination deliveries, the Contractor has the right to have a representative present to witness the delivery and measurement of quantity.

(DESC 52.211-9F95)

THIS CLAUSE APPLIES TO NAVY REQUIREMENTS ONLY

F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(1) Ordering period begins: DATE OF AWARD and ends: JUNE 30, 2010.

(2) Delivery period begins: SEPTEMBER 15, 2009 and ends: JUNE 30, 2010.

(b) Notwithstanding the foregoing, deliveries prior to the delivery period, made at the option of the Contractor and pursuant to an order by the Government, shall be deemed to have been made under this contract at the applicable contract price(s).

(DESC 52.242-9F75)

THIS CLAUSE APPLIES TO AIR FORCE REQUIREMENTS ONLY

F4 DELIVERY AND ORDERING PERIODS (DESC JUN 2002)

(a) The period of this contract during which the Ordering Officer may order and the Contractor shall deliver, if ordered, will be as follows unless the Schedule specifies otherwise:

(…