OSP109R0202

SP0600-10-R-0202

OFFEROR SUBMISSION

PACKAGE

OVERSEAS – INTO-PLANE/PURCHASE PROGRAM: 1.2 EAST

SOLICITATION SP0600-10-R-0202

PERIOD OF PERFORMANCE

01 OCTOBER 2010 THROUGH 30 SEPTEMBER 2013

INSTRUCTIONS:

1.

The original copy of this Offer Submission Package must be returned to this office as your offer. All documents to be completed and returned are contained in the Offer Submission Package:

X Standard Form 1449 (SF1449) MUST complete Blocks 17(a) and 30 (a) (b) (c).

Schedule Clause B15.01

All applicable fill-in clauses

Offerors MUST be registered with Central Contractor Registration (CCR). To obtain details and instructions contact CCR at 1-888-227-2423 or www.ccr.gov.

2. Be sure to check your offer prices for accuracy and legibility prior to submission. Initial all changes, sign and date the SF1449 in ink.

3. If you are submitting your offer via facsimile, please limit your facsimile transmission to the contents of this Offer Submission Package.

4. 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 herein.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-10-1500

2. CONTRACT NUMBER

3.AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-10-R-0202

6. SOLICITATION ISSUE

DATE 01/13/2010

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SUSAN CHYZ/TERRY PERRY

b. TELEPHONE NUMBER

(no collect calls)

(703) 767-8659/8458

8. OFFER DUE DATE/LOCALTIME

02/16/2010 @ 1:00 PM ET

DESTINATION UNLESS

12. DISCOUNT TERMS

MOBILITY FUELS DIVISION, DIRECT DELIVERY FUELS

DEFENSE ENERGY SUPPORT CENTER

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UNRESTRICTED

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SET ASIDE % FOR

BLOCK IS MARKED

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SEE SCHEDULE

8725 JOHN J. KINGMAN ROAD, SUITE 3821

FORT BELVOIR, VA 22060-6222

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SMALL BUSINESS

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HUBZONE SMALL BUSINESS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

DESC-PH

PP: 1.2E

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

SEE SCHEDULES IN CLAUSE B15.01

SEE BLOCK 9

17a. CONTRACTOR /

OFFEROR CODE

CODE

DUNS:

TEL: FAX:

DEFENSE FINANCE AND ACCOUNTING SERVICES

ATTN: DFAS-CVD BBA/CO

P. O. BOX 182317

COLUMBUS, OH 43218-6251

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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

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CLAUSE B15.01

(ATTACH ADDITIONAL SHEETS AS NECESSARY)

25. ACCOUNTING AND APPROPRIATION DATA

97XXXX4930.5CFO 01 26.1 S33150

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

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

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REFERENCE: OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

TAMMY E. BALTZELL

31c. DATE SIGNED

OFFERORS ARE REQUIRED TO ENSURE THAT THE FOLLOWING FORMS AND/CLAUSES ARE COMPLETED AS REQUIRED, AND AS APPLICABLE ON THE ORIGINAL SOLICITATION, AND BE RETURNED BY THE STATED CLOSING DATE: 16 FEBRUARY 2010 AT 1:00 PM EST

1. STANDARD FORM 1449 (SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS)

2. OFFEROR PRICE BREAKDOWN SHEETS

3. DESC CLAUSE B15.01, SCHEDULE OF SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (OVERSEAS INTO-PLANE) (DESC MAR 2009)

4. DESC CLAUSE B19.38 ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (OVERSEAS INTO-PLANE) (DESC FEB 2009)

5. DESC CLAUSE G9.07, ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE (DESC MAR 2003)

6. DESC CLAUSE G9.07-5, ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE

WIRE TRANSFER IN INFORMATION (MAY 1999)

7. DESC CLAUSE I28.17, TAXES - FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (JAN 1991)

8. DESC CLAUSE K1.01-10, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (ALTS I/II) (AUG 2009/APR 2002/OCT 2000)

9. DESC CLAUSE K1.05, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS

(JUN 2005)

10. DESC CLAUSE K33.01, AUTHORIZED NEGOTIATORS (DESC APR 2007)

11. DESC CLAUSE K86 FOREIGN TAXES (DESC JUN 1987)

12. DESC CLAUSE K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

13. DESC CLAUSE I408 QUARTERLY CONTRACTOR CENSUS REPORTING (MAR 2009)

SCHEDULE

B15.01

SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DESC MAR 2009)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver into-plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS clause.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) clause.

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) clause for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause.

(f) For Manual delivery processing, the U.S. Government will provide the following:

(1) MECHANICAL IMPRINTERS. Only one imprinter will be issued for each location upon award. If additional imprinters are needed, it will be at the sole discretion of the Contracting Officer. Requests for initial Bartizan Mechanical Imprinter, Model Number 4760-100-20 or equal, must be submitted to—

ATTN: DESC-RRR

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

Facsimile: (210) 925-0555

Email: descsa.imprinters@dla.mil

(2) DD FORM 1898. Request for initial and re-supply of DD Forms 1898 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DD Forms 1898 needed via either email or facsimile 30 days prior to the date additional forms are required. Submit email requests to DD1898-admin@pgmail.daps.dla.mil and facsimile requests to (215) 697-2424. The Contractor will return all unused DD Forms 1898 at the expiration of the contract unless a follow-on contract is awarded.

(g) Any prime contractor using another source as a refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

OFFEROR PRICE BREAKDOWN SHEET

INTO-PLANE

[Jet A-1, JP8]

AIRPORT NAME AND ICAO/FAA CODE: ______________________________________________

(Identify the airport you are offering on and its ICAO code)

REFERENCE DATE: December 1, 2009

INTO-PLANE

PUBLICATION PRICE (OPIS/PLATTS) FOR THE ABOVE REFERENCE DATE:

PRICE YOU PAID FOR YOUR FUEL ON ABOVE REFERENCE DATE (exclusive of any taxes/fees listed

Under D below or invoiced separate from fuel cost):

$_____________A.

FREIGHT (IF INCLUDED IN YOUR PRICE, STATE “INCL. IN PRICE”; IF NONE, STATE “NONE.”) $_____________B

AIRPORT FLOWAGE FEE (IF APPLICABLE):

$_____________C.

STATE/LOCAL TAXES & FEES - Specify tax/fee/duty type & amount per applicable I28 Clause(s):

_____________________________________________________ $__________d.1

_____________________________________________________ $__________d.2

_____________________________________________________ $__________ d.3

_____________________________________________________ $__________d.4

TOTAL STATE/LOCAL TAXES & FEES (Must equal d.1 through d.4):

$____________D.

INTO-PLANE FEE:

$__________E.

OFFERED Into-Plane Jet A-1, JP8 w/o FSII PRICE: (sum of A thru E)

$____________F.

FSII: (If none, state “None.”) $____________G.

TOTAL UNIT PRICE: OFFERED Into-Plane Jet A-1, JP8 w/FSII PRICE: (sum of F and G)** $_____________H.

( POSTED AIRPORT PRICE (for December 1, 2009 Reference Date) w/o taxes (i.e., State/FET):

$_______________ [COMMERCIAL PRICE]

( PUBLICATION SELECTED FOR REFERENCE PRICE ADJUSTMENT (OPIS/PLATTS & HEADING):

OPIS:

PLATTS:

Note: Select One - Prices will change on [ ] Monday [ ] Tuesday [ ] Weekly [ ] Other __________________

OFFEROR PRICE BREAKDOWN SHEET

INTO-TRUCK

[Jet A-1, JP8]

AIRPORT NAME AND ICAO/FAA CODE: ______________________________________________

(Identify the airport you are offering on and its ICAO code)

REFERENCE DATE: December 1, 2009

INTO-TRUCK

PUBLICATION PRICE (OPIS/PLATTS) FOR THE ABOVE REFERENCE DATE:

PRICE YOU PAID FOR YOUR FUEL ON ABOVE REFERENCE DATE (exclusive of any taxes/fees listed

Under D below or invoiced separate from fuel cost):$_____________A.

FREIGHT(IF INCLUDED IN YOUR PRICE, STATE “INCL. IN PRICE”; IF NONE, STATE “NONE.”)$_____________B.

AIRPORT FLOWAGE FEE (IF APPLICABLE):$_____________C.

STATE/LOCAL TAXES & FEES - Specify tax/fee/duty type & amount per applicable I28 Clause(s):

_____________________________________________________ $__________d.1

_____________________________________________________ $__________d.2

_____________________________________________________ $__________ d.3

_____________________________________________________ $__________d.4

TOTAL STATE/LOCAL TAXES & FEES (Must equal d.1 through d.4): $____________D.

INTO-PLANE FEE:. $__________E.

OFFERED Into-Truck Jet A-1, JP8 w/o FSII PRICE: (sum of A thru E) $____________F.

FSII: (If none, state “None.”) $____________G.

TOTAL UNIT PRICE FOR OPTION PERIOD: (sum of F and G)** $_____________H.

OFFERED Into-Truck Jet A-1, JP8 w/FSII PRICE:

( POSTED AIRPORT PRICE (for December 1, 2009 Reference Date) w/o taxes (i.e., State/FET):

$_______________ [COMMERCIAL PRICE]

( PUBLICATION SELECTED FOR REFERENCE PRICE ADJUSTMENT (OPIS/PLATTS & HEADING):

OPIS:

PLATTS:

NOTE: Select one - Prices will change on [ ] Monday [ ] Tuesday [ ] Weekly [ ] Other ________

I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: _______________

AIRPORT LOCATION: ________________________

PRICE EFFECTIVE

EST. 3 YEARS December 1, 2009

SUBITEM NO.

PRODUCT

(GALLONS

(USD/USG

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph (g).

A. NAME

ADDRESS

TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME

ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY

CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation: ________________________________________________

Phone/Pager/Cellular Number (please identify): _____________________________________

Answering service and contact number: ___________________________________________

Is advance notice required for after-hours delivery? [ ] Yes [ ] No

If yes, how far in advance (days, hours, minutes, etc.)? ____________________________________

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

[ ] per occurrence

[ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED IN THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES clause.)

NAME AND ADDRESS IN FULL OF AUTHORITY

AMOUNT OF FEES AND/OR CHARGES PER GALLON

TO WHOM FEE AND/OR CHARGE IS PAID

AND GRADE OF PRODUCT APPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

PRODUCT

TYPE OF CHARGE

UNIT PRICE

VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

PRODUCT

TYPE OF CHARGE

DUTY TAX

*Per the FOREIGN TAXES clause, paragraph (b), this tax/duty has been listed separately but applies to every delivery of fuel and has been included in the estimated contract value.

VIII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access?

[ ] Yes [ ] No

NOTE: For those companies with internet access, DESC will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DESC Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site?

If yes, what is the web address? ______________________________________________________________

C. Does your company have email capability?

If yes, what is your email address? ____________________________________________________________

D. Is your company registered under the Central Contractor Registration?

E. What is your company's Dun and Bradstreet number? ____________________________________________

F. What is your company’s CAGE code number? ________________________________________________

IX. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES clause. Federal Excise Taxes are applicable to deliveries to all U.S. Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. ISSUES TO CANADIAN MILITARY AIRCRAFT. See paragraph (c), Submission of Invoices for Payment, of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause for details. In the event Canadian Military Aircraft personnel do not possess/present Government AIR Card, the Contractor will ensure that the information, identified in paragraph (c) of the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) clause is entered in the appropriate blocks of the DD Form 1898.

3. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420.

(DESC 52.207-9F35)

B19.38

ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DESC FEB 2009)

(a) WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this clause.

(b) DEFINITIONS. As used throughout this clause—

(1) The term award price means the unit price set forth opposite the item in the Schedule.

(2) The term market price means the price or average of prices for the same or similar commodity within a market which is beyond the control of the Contractor, set forth in the publication(s) listed in the Table in paragraph (j) below, from which the award price is to fluctuate.

(3) The term date of delivery means the date and time product under this contract is delivered into-plane.

(4) The term week means a consecutive seven-day period beginning on a Monday.

(5) The term published means issued either in print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail.

(c) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract price change modifications or web price changes during the period of performance.

(2) The prices payable hereunder shall be determined by changing the award price by the same number of cents, or fraction thereof, that the market price increases or decreases, as measured in U.S. dollars, per like unit of measure. The frequency of adjustments will be noted in paragraph (j) for each applicable item.

(3) An increase or decrease in the market price shall apply, provided the notification requirements in paragraph (4) below have been met, only to deliveries made on or after the effective date of the price change as stated in the publication.

(4) NOTIFICATION. If required in paragraph (j), the Contractor shall notify the Contracting Officer, Defense Energy Support Center, of any change in the market price within 15 days from the date thereof. Increases received after the 15-day notification period shall be effective on the date they are received by the Contracting Officer. Decreases shall be effective the date of the decrease in the price notification to the Contracting Officer and prices shall be adjusted retroactively.

(i) INCREASES. Any increase in the unit price as a result of an increase in the market price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the same product. No modification incorporating an increase in a contract unit price shall be executed pursuant to this clause until the increase has been verified by the Contracting Officer.

(ii) DECREASES. Price decreases shall apply to deliveries made on or after the effective date of such decrease. If the Contractor fails to notify the Contracting Officer of any decrease in the market price within the allotted 15-day period, and an overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(5) DAY OF PUBLICATION. Will be specified for each item in paragraph (j).

(6) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. The Contracting Officer will issue a contract price change modification or web price adjustment notification to reflect any change pursuant to this provision. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DESC web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(7) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 575 percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(8) REVISION OF MARKET PRICE INDICATOR. In the event—

(i) Any applicable market price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions—

The parties shall agree upon an appropriate and comparable substitute for determining the price adjustments hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(9) CORRECTIONS. Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com for its subscribers). If a correction to a reference price is found on Platts website, all of the items that use that reference price will be corrected. DESC will correct any other reference prices as notice of the correction is received. DESC will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(d) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(e) IMPORTANT: All of the proposed market prices listed in the Table below must meet the provisions set forth under the EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT provision.

(f) CONVERSION FACTORS. If this clause requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule. For quantity conversion factors not listed in the CONVERSION FACTORS provision, the Contractor should contact the DESC Contracting Officer.

(g) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(h) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(i) All market prices must be stated in U.S. dollars per U.S. gallon. Conversion to U.S. gallons is in accordance with the CONVERSION FACTORS clause.

(j) TABLE.

I

II

III

IV

V

VI

Heading under

Method of Market price which reference delivery as of price is Location where applicable October 1, 2009 Item No.

Name of published and reference price to the

(date)

(listed items) publication name of product is applicable market price (excludes all taxes)

(DESC 52.216-9F22)

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:

(DO NOT EXCEED 153 CHARACTERS)

(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.

(DO NOT EXCEED 153 CHARACTERS)

(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: | | | | | | | | | | | | | | | | | | | | | | | | | |

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

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.

TITLE

TELEPHONE NUMBER

SIGNATURE

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

(DESC 52.232-9FJ2)

I28.17

TAXES - FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (JAN 1991)

(a) Contract date, as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

(b) The contract price, including the prices in any subcontracts under this contract, does not include any tax or duty that the Government of the United States and the Government of _______________________ [insert name of the foreign government] have agreed shall not apply to expenditures made by the United States in ____________________________ [insert name of country], or any tax or duty not applicable to this contract or any subcontracts under this contract, pursuant to the laws of _________________ [insert name of country]. If any such tax or duty has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

(c) If, after the contract date, the Government of the United States and the Government of _______________________ [insert name of the foreign government] agree that any tax or duty included in the contract price shall not apply to expenditures by the United States in _________________________ [insert name of country], the contract price shall be reduced accordingly.

(d) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(FAR 52.229-7)

K1.01-10

OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTERNATES I/II)

(AUG 2009/APR 2002/OCT 2000)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) DEFINITIONS. As used in this provision--

Emerging small business means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract, the enforcement of which can be accomplished by process of penalties.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as the term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly-owned business, not less than 51 percent of the stock of which is owned by one or more veterans, and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) ANNUAL REPRESENTATIONS AND CERTIFICATIONS. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) SMALL BUSINESS CONCERN. The offeror represents as part of its offer that it--

[ ] is

[ ] is not a small business concern.

(2) VETERAN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it— a veteran-owned small business concern.

(3) SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it— a service-disabled veteran-owned small business concern.

(4) SMALL DISADVANTAGED BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it--a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) WOMEN-OWNED SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it--a woman-owned small business concern.

NOTE: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOMEN-OWNED BUSINESS CONCERN (OTHER THAN SMALL BUSINESS CONCERN). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it -a women owned business concern.

(7) TIE BID PRIORITY FOR LABOR SURPLUS AREA CONCERNS. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price.

(8) SMALL BUSINESS SIZE FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM AND FOR THE TARGETED INDUSTRY CATEGORIES UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs)). The offeror represents as part of its offer that it--an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs)). The offeror represents as follows:

(A) The offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) The offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following:)

AVERAGE ANNUAL GROSS

NUMBER of EMPLOYEES

REVENUES

50 or fewer [ ] $1 million or less

51 - 100 [ ] $1,000,001 - $2 million

101 - 250 [ ] $2,000,001 - $3.5 million

251 - 500 [ ] $3,500,001 - $5 million

501 - 750 [ ] $5,000,001 - $10 million

751 - 1,000 [ ] $10,000,001 - $17 million

[ ] Over 1,000 [ ] Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS, or FAR 52.219-25, SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM - DISADVANTAGED STATUS AND REPORTING, and the offeror desires a benefit based on its disadvantaged status.)

(i) GENERAL. The offeror represents that either--

(A) It--certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It--

[ ] has

[ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) JOINT VENTURE UNDER THE PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: _____________________________________________________________.

(iii) ADDRESS. The offeror represents that its address— in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. Address, as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, address refers to the address of the small disadvantaged business concern that is participating in the joint venture.

(10) HUBZONE SMALL BUSINESS CONCERN. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that--

(i) It--a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns Maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It--a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern…