OSP SP0600-10-R-0235.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-10-R-0235

6. SOLICITATION ISSUE

DATE : 18 November 2010

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME: JAMAAL ROSE EMAIL: Jamaal.Rose@dla.mil

b. TELEPHONE NUMBER (no collect calls)

(703) 767-9506

8. OFFER DUE DATE/

January 6, 2011 1:00 P.M.

U.S. EST

9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB

12. DISCOUNT TERMS

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

UNRESTRICTED

SET ASIDE % FOR

DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

Buyer/Symbol: Jamaal Rose/DLA Energy PCB SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Phone: (703)767-9506 13b. RATING

Email: Jamaal.Rose@dla.mil

NAICS: 324110

14. METHOD OF SOLICITATION Full and Open

P.P.: 1.6J AFGHANISTAN

SIZE STANDARD:

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600

See Clause INT-B1.05-2

Same as Block 9

17a. CONTRACTOR /

OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE HQ0104

DUNS:

Defense Finance and Accounting Service Columbus Center

ATTN: DFAS-BVDFP/CC

P. O. Box 182317 Columbus, OH 43218-2317

FAX: 614-693-2537

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CLAUSE INT-B1.05-2

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ESTIMATED: $

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED., 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___1__ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. ____________OFFER DATED ___________

YOUR OFFER ON SOLICITATION _____________, INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED

AS TO ITEMS: _______________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

AYBIKE S. ARSLAN

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE

SIGNED

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING

41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS mailto:Jamaal.Rose@dla.mil�

Solicitation: SP0600-10-R-0235

OSP Page 2 of 34

OFFEROR SUBMISSION

PACKAGE

SOLICITATION: SP0600-10-R-0235, Bagram Pipeline, Bagram Air Field Afghanistan

THE ENCLOSED SOLICITATION COVERS THE ORDERING PERIOD: Date of Award THROUGH: 30 days after ordering period ends.

INSTRUCTIONS:

Return a copy of the completed Offeror Submission Package (OSP) to: DESC-PEB@DLA.MIL. All documents to be completed and returned are contained in this OSP. Package due back no later than January 6, 2011, 1:00 P.M. United States Eastern Standard Time Local Ft. Belvoir, Virginia.

X Standard Form 1449 - Complete blocks 12, 17,30A, 30B, and 30C

X Clause INT-B1.05-2 SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (PORTS INTERNET APPLICATION) (DESC MAY 2001) – Provide unit price(s) where indicated.

X Certifications and Representations (Fill-in Clauses)

X Technical Capability Performance Data Sheet (Attachment 1)

X Contractor (Past) Performance Data Sheet (Attachment 2)

X Contractor Sub-contractor Data Sheet (Attachment 3)

1. All documentation shall be sent to the PCB Group Mailbox: DLAE-PCB@dla.mil

a. Due to extraordinary volume of interest, offerors are encouraged to attach “Read

Receipts Request” on their emails to DLAE-PCB as a way to confirm delivery of their offer.

b. PLEASE NOTE: Offerors should reference FAR Clause 52.212-1(f) LATE

SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWAL OF

OFFERS.

2. Offerors are to submit all documents they feel are necessary to submit a full and complete offer. Offers shall be limited to 60 pages to include OSP certifications and mailto:DLAE-PCB@dla.mil�

OSP Page 3 of 34 representations, pricing, past performance, technical capability, supplements, and any attachments.

a. Supporting documentation must include, but is not limited to the following:

• Proof of necessary business licenses

• All business agreements that support joint ventures with the Prime Offeror

• All necessary firm commitment letters (may be contingent upon award) that support transportation functions, supply functions, and storage functions

3. Offerors must be sure all OSP fill-in spaces are completed as required.

4. Offerors ARE NOT permitted to augment or remove any terms and conditions found in the body of the solicitation or the Offeror Submission Package (OSP)

a. Offeror Exceptions: If offerors would like to take exception to any term or condition, they may do so by submitting a separate document listing the exceptions they wish to take.

5. Be sure to proofread all offered prices submitted. They must be in dollars per U.S. gallon (e.g. $0.000000), NOT price differentials. Offer one price per line item, which will escalate/de-escalate with the named index.

6. All offerors are reminded that every solicitation stands on its own. Every offeror will be evaluated solely on the criteria named in the solicitation INT M72.03-3-100

EVALUATION FACTORS FOR BEST OVERALL VALUE (PC&S)

(AFGHANISTAN/IRAQ)(DLA ENERGY JUN 2006). All offerors must submit Past Performance, Technical and Pricing information for evaluation.

7. Be sure to check your offer for accuracy and legibility prior to submission. Initial all changes and sign and date the Standard Form (SF) 1449 in ink.

8. By submission of this package, you are stating that all the terms and conditions of the entire solicitation are accepted and apply to your offer unless clearly stated herein.

CONTINUATION TO BLOCKS 15 AND 19-24 OF THE SF 1449:

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

MAY 2001)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause.

OSP Page 4 of 34

(b) In an emergency, oral orders may be issued but must be confirmed in writing via a PORTS-generated order within 24 hours or one business day. See the PAPERLESS ORDERING AND RECEIPT TRANSACTION SCREENS (PORTS) INTERNET APPLICATION clause.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item.

Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as _N/A__-year requirements.

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED MULTI-YEAR

QUANTITY PRICE

101 BAGRAM AIR BASE

AF, ARMY, BAGRAM AIR BASE

AFGHANISTAN

DELIVERY DODAAC: W91DW4

BILLING DODAAC: W91DW4

ORDERING OFFICE: DESC-ME: 813-827-1307

ALT ORDERING OFFICE: DSN: 312.651.1307

ORDERING DODAAC: SJ0629

JACK L. WHITAKER CIV, DLA, DESC-ME

(INVENTORY MANAGER)

Jack.Whitaker@dla.mil

101-TSP JET FUEL TS1 186,150,000 USG $_____________

NSN: 9130-01-491-2201

PIPELINE (PIPE)

FUEL IS TO BE DELIVERED FROM CONTRACTOR’S

FACILITY TO BAGRAM AIRFIELD, AFGHANISTAN TO

THE GOVERNMENT OWNED PIPELINE AND TRANSFER

POINT. IN THE EVENT THE GOVERNMENT METER IS OUT

OF SERVICE AND IT IS NECESSARY TO TRANSPORT

PRODUCT, THE METER LOCATED AT THE CONTRACTOR’S

FACILITY WILL BE UTILIZED AS AN ALTERNATE METHOD

OF DETERMINING QUANTITY.

THIS FUEL IS CAPITALIZED

mailto:Jack.Whitaker@dla.mil�

OSP Page 5 of 34

SUPPLIES, DELIVERY POINTS,

ITEMS AND METHOD OF DELIVERY ESTIMATED MULTI-YEAR

QUANTITY PRICE

102 BAGRAM AIR BASE RESERVE STORAGE

AF, ARMY, BAGRAM AIR BASE

AFGHANISTAN

DELIVERY DODAAC: W91DW4

BILLING DODAAC: W91DW4

ORDERING OFFICE: DESC-ME: 813-827-1307

ALT ORDERING OFFICE: DSN: 312.651.1307

ORDERING DODAAC: SJ0629

JACK L. WHITAKER CIV, DLA, DESC-ME

(INVENTORY MANAGER)

Jack.Whitaker@dla.mil

102-ST1 TS-1 RESERVE FEE 2,500,000 USG $_____________

TS-1 RESERVE TO BE HELD AT CONTRACTOR’S

FACILITY. SEE NOTES FOR FURTHER INFORMATION.

NOTES:

1. The Contractor's facilities shall be capable of shipping product via product dedicated contractor owned/operated pipeline 24-hours per day, 7 days per week, at pumping rates of 600 gpm to Bagram AB. The minimum requirement for the pipeline connection is a 6-inch line. Contractor shall meter all pipeline issues via contractor procured meters.

The meters shall be capable of recalibration, reset, and must register quantities in U.S. gallons (USG). Coordination with the base will be obtained prior to any pumping activities. Fuel custody transfer points should be consistent with current operations located at or near Entry Control Point 3(ECP3) pipeline connections on Bagram Air Field.

2. Fuel for these requirements must be sourced from northern routes/sources. Pakistani supply routes/sources will not be accepted for these requirements.

3. Proposals using armed private security to escort the fuel will not be considered acceptable and will not be considered for award.

4. The Government reserves the right to award multiple contracts for Clin 101-TSP. Offerors are informed that, in order to be awarded any TS-1 reserve quantity under line item 102-ST1, they must also be awarded quantities under line item 101-TSP. No contracts will be awarded solely for line item 102-ST1.

5. FAR 52.228-3, WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) is only applicable to CLIN 102-ST1, the reserve requirement, which is considered a service contract line item.

6. Any non-incumbent will receive 6 months to achieve operational status.

7. Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall have a written code of business ethics and conduct and make a copy of the code available to each employee engaged in performance of the contract.

8. Contractor shall provide all significant dates that may cause performance interruption during the life of the contract.

9. Contractor shall designate a point of contact that serves as the contingency operations manager. Contractor shall provide the name, telephone, cell phone, and email address of the POC and ensure that the individual is available 24 hour per day 7 days a week during contingency operations.

STORAGE AND ORDERING PROVISIONS

1. The U.S. Military requires substantial quantities of TS-1 jet fuel at Bagram Air Base, which must be imported from northern sources. Historically, there have been disruptions in supply that have severely impacted continuity of operations in the area and raise serious concerns that future disruptions may result in mission failure. The Government has determined that, in order to minimize these risks, quantities of fuel (approximately 2,500,000 USG) should be imported and held by the Contractor in intermediate storage at their pipeline facility in Afghanistan, such that a large “reserve” exists from which fuel can be delivered to meet existing contract requirements when supply disruptions occur.

2. The Contractor will accumulate and maintain TS-1 jet fuel reserves of approximately 2,500,000 USG (“the reserves”), or the awarded portion thereof, at their pipeline facility in Afghanistan. Fuel in reserves is to be held at 2,500,000 USG at all times and must be mutually exclusive from operational fuel quantities. Reserve Fuel is to be drawn down mailto:Jack.Whitaker@dla.mil�

OSP Page 6 of 34 at the direction of the Regional Commander only by contract delivery order. Fuel in reserves shall meet contract specifications.

3. The Contractor will provide documentation of all fuel removed from and added to the reserves within three (3) working days of addition/removal.

4. Unless the Government has notified the Contractor, in writing, of its intent to reduce or draw down the reserves, the Contractor shall replace fuel removed from the reserves promptly so as to maintain the required reserve quantity.

Replenishment shall be accomplished not later than 30 days after normal fuel deliveries have resumed.

5. It is anticipated that the contractor will only deliver reserve fuel in the event that normal supply to Bagram Air Base is disrupted. The Contractor will inform DLA Energy promptly of any actual or potential disruptions in supply that may necessitate delivering reserve fuel.

6. DLA Energy reserves the right to request delivery to an alternate location as needed. In accordance with Clause FAR 52.212-4, paragraph (c), the Contractor may submit a claim for any reasonable additional transportation costs, as supported by appropriate documentation, which may result from such a change.

7. Delivery requirements are estimates, actual quantities will be stated in delivery orders issued by the Ordering Officer.

8. Ordering will be done at the discretion of the ordering officer. The ordering officer will issue orders determined by operational need. The Government may order at will from any line items under the contract.

QUANTITY AND QUALITY DETERMINATION

1. DLA Energy reserves the right to have a representative examine the storage facilities at any time, with or without notice, in order to verify that the fuel meets specifications and that the quantity of fuel in reserve is accurately reported. In the event that fuel is determined to be off-specification while in reserve, the Contractor shall have the opportunity to state how it intends to bring the fuel back to specification before it is delivered to the Government.

However, fuel that cannot be brought back on specification prior to delivery in a manner that is acceptable to the Government must be removed from the reserves and replaced. The Government will not pay maintenance charges for fuel that cannot be brought back to specification. These procedures will be identified in the Quality Control Plan

(QCP).

2. Deliveries of reserve fuel to the Government shall be subject to the quantity and quality provisions contained in the Contract.

3. In accordance with Clause INT-E1, the Contractor is required (unless otherwise instructed by the Government) to provide and maintain an inspection system and a written description QCP acceptable to the Government.

4. Force protection requirements as required by the Base Commander are in full effect under this contract at all times.

There may be waits and or mandatory “cool down” periods of 24 hours or more. Alternating security measures may randomly affect pipeline receipts or wait times outside of the gates. Dentition charges should be accounted for in contract price as claims for detention will not be paid.

TITLE AND RISK OF LOSS

Title to the fuel and risk of loss thereof, remains with the Contractor while it is in reserve. Delivery of reserve fuel to the Government shall be FOB destination and title and risk of loss shall transfer to the Government when the fuel passes through the U.S. Government designated receipt meter into the US Government’s bladder or tank truck. Title and risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until the Contractor completes download of product at the final delivery destination. The Contractor bears all risk and responsibility for loss or damage to equipment and personal injury or death of its employees, agents or subcontractors. The Contractor is responsible for obtaining adequate insurance to cover the risks discussed herein. The Government will not reimburse the Contractor for claims stemming from loss or damage to product or equipment or personal injury or death of employees, agents or subcontractors.

INT-B19.02 ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DESC MAY 2007))

(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 contract.

(b) DEFINITIONS. As used throughout this clause, the term--

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in the Schedule.

OSP Page 7 of 34

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading;

(B) F.O.B. DESTINATION. The date and time vessel commences discharging;

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula, that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is-- [ ] (i) The low price published in. ___________________________________ (name of publication)

[ X ] (ii) The average of the prices published in __ PLATTS OILGRAM PRICE REPORT (name of publication)

[ ] (iii) The established price posted by ________________________________________ and (name of company) published in _________________________________________________________ (name of publication)

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: 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 the 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.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference 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 product supplied in the form of delivery made at the point of delivery. Also, no notification 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. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

http://www.platts.com/�

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(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DESC web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

(e) 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 the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) 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 375 percent of the award price, except as provided hereafter:

(1) 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 the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(2) 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, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(g) REVISION OF REFERENCE PRICE INDICATOR. In the event—

(1) Any applicable reference price is discontinued or its method of derivation is altered substantially;

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described 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 the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(h) 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 clause, apply unless otherwise specified in the Schedule.

(i) 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.

(j) 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.

http://www.desc.dla.mil/�

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(k) TABLE.

I II III IV V VI VII

Name of If company - Reference Max price company/ name of product; Method of price payable under publication If publication - delivery as of this contract (identify heading under applicable 01 JUL 2010 (includes any Item No. by number which reference Location where to the (date) tax included (listed from (c)(2) price is published reference price reference (exclude in the award items) above) and name of product is applicable price all taxes p rice .

100-TS PLATTS AVJET FUEL FOB MED CARGO $2.088858 See Paragraph

NOTE: Product prices will escalate monthly based on the average of high and low assessments contained in the Platt’s publication of each month in which deliveries are made. Therefore, the effective price for the period of the 1st through the 30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month.

Saturdays and Sundays shall be considered as Platt’s non-publication days. If assessments are not posted by Platt’s during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation. (f) above

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

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

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(DO NOT EXCEED 153 CHARACTERS)

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

SYSTEM

(DESC JAN 2007)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

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

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

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

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DESC fill-in)

CONTRACT NUMBER: ______________________________________________ (DESC fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

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

(DO NOT EXCEED 29 CHARACTERS)

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

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

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

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

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

(6 CHARACTERS ONLY)

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

INFORMATION.

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

(DO NOT EXCEED 25 CHARACTERS)

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

(DO NOT EXCEED 25 CHARACTERS)

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

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE _______________________________________________________

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

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

(a) FACSIMILE INVOICING.

(1) Submission of invoices by facsimile (FAX) is authorized when the offeror will utilize this method of invoicing at all times.

(2) Offeror shall indicate whether or not he intends to submit invoices via FAX:

[ ] YES [ ] NO

(3) See the SUBMISSION OF INVOICES FOR PAYMENT clause for FAX invoicing procedures.

(4) RETURN OF INVOICES BY THE PAYING OFFICE.

(i) Invoices deemed improper in accordance with the Prompt Payment Act may be returned to the offeror via FAX with the reason for return.

(ii) The offeror's FAX number for returning improper invoices is--

(For overseas locations, include the country code)

(b) ELECTRONIC INVOICING (EDI)

(1) Electronic submission of invoices via Electronic Data Interchange (EDI) for all applicable items (as defined in the SUBMISSION OF INVOICES FOR PAYMENT clause) is authorized when the offeror will utilize this method of invoicing at all times for those affected items.

(2) The offeror shall indicate whether it intends to submit electronic invoices via EDI.

[ ] YES [ ] NO

(3) See the SUBMISSION OF INVOICES FOR PAYMENT for electronic invoicing procedures.

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INT-K86 FOREIGN TAXES (DESC JUN 1987)

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause, unless the contract provides otherwise, the contract price must include all applicable taxes and duties. In accordance with the TAXES - FOREIGN FIXED- PRICE CONTRACTS clause, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes included in the price. If, when permitted by the contract, foreign taxes are not included in the offered price but are expected to be invoiced separately, the offeror shall list the specific name and amount of these taxes in paragraph (b) below.

(a) Foreign taxes included in the contract price are as follows:

NAME OF TAX AMOUNT

(b) Foreign taxes invoiced separately are as follows:

NAME OF TAX AMOUNT

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

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish an item that it did not itself manufacture, is 500 employees.

(b) SUBMISSION OF OFFERS.

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

(1) The solicitation number;

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

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

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of solicitation amendments;

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

(11) Name, title, and signature of person authorized to sign the offer. Offers signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office;

(12) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(13) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or that reject the terms and conditions of the solicitation may be excluded from consideration.

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

(d) PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for __270___ calendar days from the date specified for receipt of offers.

(e) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

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(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for offers, it was the only offer received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

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

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

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

(j) CONTRACT AWARD.

(1) While the Government intends to evaluate offers and award a contract without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

(2) If the Contracting Officer determines that negotiations are necessary, the Government will then evaluate offers and award a contract after conducting discussions with offerors whose offers have been determined to be within the competitive range. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

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

(4) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, cost or price and other factors (including subfactors) specified elsewhere in this solicitation, considered.

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

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

(7) The Government may accept any item or group of items of a offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(8) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

(k) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA, FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION

470 EAST L’ENFANT PLAZA, SW, SUITE 8100

WASHINGTON, DC 20407

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TELEPHONE: (202) 619-8925

FAX: (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the address in (i) above. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk at (215) 697-2179, Monday through Friday, 0730 to 1600 EST; or

(iii) Ordering from-- DEPARTMENT OF DEFENSE SINGLE STOCK POINT (DoDSSP)

BUILDING 4, SECTION D

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5094

TELEPHONE: (215) 697-2667/2179

FAX: (215) 697-1462

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(l) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding $3,000 and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror's name and address.

The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(m) CENTRAL CONTRACTOR REGISTRATION (CCR). Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation.

If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-866-606-8220 or 334-206-7828.

(n) DEBRIEFING. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

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DLAD CLAUSE 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (JUN 2001)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

INT-L117 NOTIFICATION OF TRANSPORTATION COMPANY TO BE UTILIZED IN THE DELIVERY OF

PRODUCT (PC&S) (DESC APR 2005)

[ ] Check here if not subcontracting with a transportation company in the performance of any resultant contract.

(a) In the performance of any resultant contract, offeror agrees not to utilize transportation companies that have been debarred or suspended, are ineligible for receipt of contracts with Government agencies, are in receipt of a notice of proposed debarment or ineligibility from any Government agency, or are otherwise ineligible under Federal programs. Offerors shall submit the name, address, and telephone number of the transportation company(ies) that will be utilized in the performance of any resultant contract. In addition, it is requested that offerors provide the State(s) in which the transporter is authorized to conduct business.

(b) The information provided will not be used in the evaluation of offer prices. However, the information is subject to review by the Contracting Officer and could result in a nonresponsibility determination. Failure to provide the requested information may also render the offeror nonresponsible.

(c) Should any of the specified information change prior to award, offerors are required to provide the Contracting Officer with the updated information (also see the NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY clause in Addendum II).

Name, Address, and Phone Number State(s) in which transporter of Transportation Company is authorized to operate

PLEASE FILL IN ATTACHMENT 3.

(READ INSTRUCTIONS CAREFULLY)

http://160.147.217.67/SR2.htm�

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FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(AUG 2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has…