RFP SP0600-10-R-0236 DLA ENERGY COMPLETE.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-0236

6. SOLICITATION ISSUE

DATE : 01 SEP 2010

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME: JAMES J THOMPSON EMAIL: james.j.thompson@DLA.MIL

b. TELEPHONE NUMBER (no collect calls)

(703) 767-6131

8. OFFER DUE DATE/

30 SEP, 2010

2:00 P.M. U.S. EST

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

FOB

12. DISCOUNT TERMS

Defense Logistics Agency Energy 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: JAMES J THOMPSON/DESC PCB SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Phone: (703)767-9538 13b. RATING

Email: DESC-PEB@DLA.MIL

NAICS: 324110

14. METHOD OF SOLICITATION Full and Open

P.P.: 1.6J

SIZE STANDARD:

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600

SEE CLAUSE INT-B1.05-2

SEE BLOCK 9

17a. CONTRACTOR /

OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE HQ0104

DUNS:

TELEPHONE NO

FAX NO.

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) mailto:james.j.thompson@DLA.MIL�

TABLE OF CONTENTS

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

ENERGY MAY 2001)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DLA ENERGY MAR 2009)

(TAILORED)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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

ENERGY MAR 2009)

DLAD 52.212-9000 CHANGES – MILITARY READINESS (MAR 2001)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUL 2010)

DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

(JUN 2010)

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

INT-C1 SPECIFICATIONS (DLA ENERGY JAN 1997)

INT- C16.09-5 TURBINE FUEL, AVIATION WITH OR WITHOUT FUEL SYSTEM ICING INHIBITOR (FSII), CORROSION INHIBITOR (CI), AND STATIC DISSIPATOR ADDITIVE (SDA) (DLA ENERGY

DEC 2009 )

INT-C16.11 TURBINE FUEL, AVIATION (TS-1) (FIRST GRADE WITHOUT ADDITIVES) (DLA ENERAUG 2007)

INT-C16.18-26 GASOLINE, AUTOMOTIVE, UNLEADED (PC&S) (AFGHANISTAN) (DLA ENERGY FEB 2009) .. 23 INT-C16.26-14 FUEL OIL, DIESEL (GOST 305-82) SUMMER (L) AND WINTER (Z) GRADES (PC&S)

(EURASIA)(DLA ENERGY MAR 2008)

INT-E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY NOV 2008)

INT-E12 POINT OF ACCEPTANCE (DLA ENERGY MAY 1969)

INT-E21.01 SUPPLEMENTAL INSPECTION (OVERSEAS) (DLA ENERGY JUL 1999)

INT-E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JAN 2009) ... 32

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY OCT 2009)

INT-E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PC&S) (DLA ENERGY FEB 2004)

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

WAGONS (DLA ENERGY APR 1997)

INT-F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

INT-F1.09-8 DETERMINATION OF INVOICE QUANTITY (PC&S) (MIDDLE EAST) (DLA ENERGY SEP 2005)

INT-F3.03 NOTIFICATION OF CHANGE IN TRANSPORTATION COMPANY (PC&S) (DLA ENERGY APR

2005)

INT-F4 DELIVERY AND ORDERING PERIODS (DLA ENERGY JUN 2002)

FAR 52.247-34 FOB DESTINATION (NOV 1991)

INT-F30.01 ORDERING AND PAYING OFFICERS (OVERSEAS PC&S) (DLA ENERGY APR 1998)

INT-F51 SHIPMENT AND ROUTING (OVERSEAS) (DLA ENERGY NOV 2005)

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

JCC-I/A CLAUSE 952.225-0006 CONTRACT DELIVERY REQUIREMENTS (MAR 2009)

FAR 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999)

INT-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

FAR 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFERINFORMATION (MAY 1999)

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

APPLICATION (DLA ENERGY DEC 2001)

INT-G150.07-2 SUBMISSION OF INVOICES FOR PAYMENT (OVERSEAS PC&S) (DLA ENERGY APR 2009)

JCC-I/A CLAUSE 952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS (JAN 2010)

INT-I1.01 DEFINITIONS (DLA ENERGY JUN 2009)

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

INT-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996)

DFARS 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

FAR 52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN 2003)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

INT-I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DLA ENERGY FEB

2009)

INT-I190.06 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (DLA ENERGY MAR 2000)

FAR 52.216-18 ORDERING (OCT 1995)

INT-I209.09 EXTENSION PROVISIONS (DLA ENERGY JUL 2009)

DFARS 252.225-704 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS .... OUTSIDE

THEUNITED STATES (MAR 2006)

952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (APR 2010)

JCC-I/A CLAUSE 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING

CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (AUG 2009)

JCC-I/A CLAUSE 952.223-0001 REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS (MAR 2009)

JCC-I/A CLAUSE 952.225-0005 MONTHLY CONTRACTOR CENSUS REPORTING (MAR 2009)

JCC-I/A CLAUSE 952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (APR 2010)

DFARS 252.225-7040 CONTRACTOR PERSONNEL IN THE UNITED STATES CENTRAL COMMAND AREA OF

RESPONSIBILITY (JUL 2009) (DEVIATION 2007-O0010)

INT-I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE

OFFRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008)

952.225-0009 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR LOCALLY HIRED

EMPLOYEES (JAN 2010)

JCC-I/A CLAUSE 952.225-0013 CONTRACTOR HEALTH AND SAFETY (FEB 2010)

FAR 52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 84)

JCC-I/A CLAUSE 952.225-7997 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO

ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND

AFGHANISTAN (DEVIATION) (DEC 2009)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

INT-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

INT-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY APR 2005)

DLAD CLAUSE 52.233-9000 AGENCY PROTESTS (SEP 1999)

INT-L54 SITE VISIT (DLA ENERGY OCT 1992)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

INT-M3.01 EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED (DLA ENERGY

JAN 1998)

INT-M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

INT-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

INT-M72.03-3-100 EVALUATION FACTORS FOR BEST OVERALL VALUE (PC&S) (AFGANISTAN / IRAQ) (DLA

ENERGY JUN 2006)

SCHEDULE

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

MAY 2001)

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

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

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award, except for items specifically designated as _N/A__-year requirements.

SUPPLIES, DELIVERY POINTS, TOTAL ESTIMATED

ITEMS AND METHOD OF DELIVERY QUANTITY

101 BAGRAM AIR BASE

AF, ARMY, BAGRAM AIR BASE

AFGHANISTAN

DELIVERY DODAAC: W91DW4

BILLING DODAAC: W91DW4

ORDERING OFFICE: COMM: 813.827.1307

ALT ORDERING OFFICE: DSN: 312.651.1307

ORDERING DODAAC: SJ0629

JACK L. WHITAKER CIV, DLA, DEFENSE LOGISTICS AGENCY ENERGY ME

(INVENTORY MANAGER)

jack.whitaker@dla.mil

101-90 TURBINE FUEL, AVIATION (JP8) 21,900,000 GL

9130-01-031-5816

TANK TRUCK (TT),

INTO VARIOUS TANKS/BLADDERS/TRUCKS.

PRODUCT SHALL CONFORM TO SPECIFICATIONS AS STATED

IN CLAUSE C16.09-5.

TRUCKS MUST ARRIVE AT THE FASCILITY SEALED BY

CONTRACTOR WITH ALULOCK 2.0MM CABLE SEAL OR

EQUIVALENT U.S. GOVERNMENT APPROVED SEAL.

FOB DESTINATION TO BAGRAM AIR BASE

THIS FUEL IS CAPITALIZED

101-KDS DIESEL FUEL (SPEC GOST 305-82) 5,110,000 GL

9140-01-492-7612

TANK TRUCK (TT),

INTO VARIOUS TANKS/BLADDERS/TRUCKS.

PRODUCT SHALL CONFORM TO THE SUMMER DIESEL

SPECIFICATION AS STATED IBN CLAUSE C16.26-14.

TRUCKS MUST ARRIVE AT THE FASCILITY SEALED BY

CONTRACTOR WITH ALULOCK2.0MM CABLE SEAL OR

EQUIVALENT U.S. GOVERNMENT APPROVED SEAL.

FOB DESTINATION TO BAGRAM AIR BASE

THIS FUEL IS CAPITALIZED

mailto:jack.whitaker@dla.mil�

101-KDW DIESEL FUEL (SPEC GOST 305-82) 5,110,000 GL

9140-01-492-7612

TANK TRUCK (TT),

INTO VARIOUS TANKS/BLADDERS/TRUCKS.

PRODUCT SHALL CONFORM TO THE WINTER DIESEL

SPECIFICATION AS STATED IBN CLAUSE C16.26-14.

TRUCKS MUST ARRIVE AT THE FASCILITY SEALED BY

CONTRACTOR WITH ALULOCK2.0MM CABLE SEAL OR

EQUIVALENT U.S. GOVERNMENT APPROVED SEAL.

FOB DESTINATION TO BAGRAM AIR BASE

THIS FUEL IS CAPITALIZED

101-PG UNLEADED, AUTOMOTIVE GASOLINE 4,380,000 GL

9130-01-526-8488

TANK TRUCK (TT),

INTO VARIOUS TANKS/BLADDERS/TRUCKS.

TRUCKS MUST ARRIVE AT THE FASCILITY SEALED BY

CONTRACTOR WITH ALULOCK2.0MM CABLE SEAL OR

EQUIVALENT U.S. GOVERNMENT APPROVED SEAL.

FOB DESTINATION TO BAGRAM AIR BASE

THIS FUEL IS CAPITALIZED

101-TS JET FUEL TS1 39,790,000 GL

9130-01-491-2201

TANK TRUCK (TT),

FOB DESTINATION. INTO TRUCK/BLADDERS. TRUCK MUST

BE ABLE TO CONNECT TO A 4 INCH HOSELINE.

TRUCKS MUST ARRIVE AT THE FASCILITY SEALED BY

CONTRACTOR WITH ALULOCK 2.0MM CABLE SEAL OR

EQUIVALENT U.S. GOVERNMENT APPROVED SEAL.

FOB DESTINATION TO BAGRAM AIR BASE

THIS FUEL IS CAPITALIZED

102 BAGRAM AIR BASE

AF, ARMY, BAGRAM AIR BASE

AFGHANISTAN

DELIVERY DODAAC: W91DW4

BILLING DODAAC : W91DW4

ORDERING OFFICE : COMM: 813.827.1307

ALT ORDERING OFFICE: DSN: 312.827.1307

ORDERING DODAAC : SJ0629

JACK L. WHITAKER CIV, DLA, DEFENSE LOGISTICS AGENCY ENERGY ME

(INVENTORY MANAGER)

jack.whitaker@dla.mil

102-ST TS-1 INTERMEDIATE RESERVES FEE 6,500,000 GL

TS-1 RESERVE TO BE HELD WITHIN COUNTRY. SEE

NOTES FOR FURTHER INFORMATION.

NOTES:

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

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

mailto:jack.whitaker@dla.mil�

3. DEFENSE LOGISTICS AGENCY ENERGY anticipates the possibility of making multiple awards for each of the above line items.

4. The U.S. Military requires substantial quantities of TS-1 jet fuel at Bagram Air Base, which must be imported from northern and western 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 6,500,000 USG) should be imported and held by the Contractor in intermediate storage in Afghanistan, such that a large “reserve” exists from which fuel can be delivered to meet existing contract requirements when supply disruptions occur.

5. Offerors are informed that, in order to be awarded any TS-1 reserve quantity under line item 102-ST, they must also be awarded quantities under line item 101-TS. No contracts will be awarded solely for line item 102-ST. If multiple awards are made for the line item 101-TS, each awardee will be expected to maintain a portion of not less than 3,000,000 USG of line item 102-ST.

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

STORAGE AND ORDERING PROVISIONS

1. The Contractor will accumulate and maintain TS-1 jet fuel reserves of approximately 6,500,000 USG (“the reserves”), or the awarded portion thereof, at an intermediate storage facility or facilities in Afghanistan. Fuel in reserves shall meet contract specifications.

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

3. 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.

4. 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 DEFENSE LOGISTICS AGENCY ENERGY promptly of any actual or potential disruptions in supply that may necessitate delivering reserve fuel.

5. DEFENSE LOGISTICS AGENCY 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.

QUANTITY AND QUALITY DETERMINATION

1. DEFENSE LOGISTICS AGENCY 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.

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.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (PC&S) (DLA ENERGY MAR 2009)

(TAILORED)

(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--

(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

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— http://assist.daps.dla.mil/� http://assist.daps.dla.mil/quicksearch� http://assistdocs.com/�

(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.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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

ENERGY MAR 2009)

(a) INSPECTION/ACCEPTANCE.

(1) The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (i) within a reasonable time after the defect was discovered or should have been discovered; and (ii) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(2) Also see the NONCONFORMING SUPPLIES AND SERVICES clause in the Addendum.

(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency http://assist.daps.dla.mil/wizard� http://fedgov.dnb.com/webform� http://www.ccr.gov/� in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes a payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract.

(c) CHANGES. See DLAD 52.212-9000 CHANGES – MILITARY READINESS (MAR 2001) below.

(d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference.

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

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

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

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

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

(b) If the exception to the use of Electronic Invoicing apply, the Contractor shall submit invoicing in accordance with paragraph (h) below.

(h) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number, and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price, and extended price of the item delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any prompt payment discount offered;

(7) Name and address of official to whom payment is to be sent; and

(8) Name, title, and phone number of person to be notified in event of defective invoice, and

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) The Contractor shall fax its invoice to DFAS-CVDBBB/CO at the following fax number: (614) 693-2537. For faxed invoices, the Contractor is responsible for verifying transmission/receipt of the fax by telephoning Customer Service (DFAS- CVDBBB/CO) at 1-800-756-4571. Personnel are available to verify receipt of faxed transmissions between 8 a.m. and 5 p.m. EST/EDT, Monday through Friday, excluding Federal holidays.

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

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

(10) Electronic funds transfer (EFT) banking information.

(i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

(j) PAYMENT.

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(k) RISK OF LOSS. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(l) RISK OF LOSS AND TITLE. 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.

(m) TAXES. See FAR 52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (JUN 2003).

(n) TERMINATION FOR THE GOVERNMENT'S CONVENIENCE. The Government reserves the right to terminate this contract, or any part thereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms and conditions of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(o) TERMINATION FOR CAUSE. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(p) TITLE. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(q) WARRANTY. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(r) LIMITATION OF LIABILITY. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(s) OTHER COMPLIANCES. The Contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations applicable to its performance under this contract.

(t) COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701 et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti- Kickback Act of 1986, 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistle blower protections; Section 1553 of the American recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under the Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(u) ORDER OF PRECEDENCE. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Assignments; Disputes, Payments; Invoices; Other Compliances; and Compliance with Laws Unique to Government Contracts paragraphs of this clause;

(3) The clause at 52.212-5;

(4) Addenda to this solicitation or contract, including any license agreements for computer software;

(5) Solicitation provisions if this is a solicitation;

(6) Other paragraphs of this clause;

(7) Standard Form 1449;

(8) Other documents, exhibits, and attachments; and

(9) The specification.

(v) CENTRAL CONTRACTOR REGISTRATION (CCR). See the CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) clause.

DLAD 52.212-9000 CHANGES – MILITARY READINESS (MAR 2001)

The commercial changes clause at FAR 52.212-4(c) is applicable to this contract in lieu of the changes clause at FAR 52.243-1.

However, in the event of a Contingency Operation or a Humanitarian or Peace Keeping Operation, as defined below, the contracting officer may, by written order, change 1) the method of shipment or packing, and 2) the place of delivery. If any such change causes an increase in the cost of, or the time required for performance, the contracting officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. The contractor must assert its right to an adjustment within 30 days from the date of receipt of the modification.

“Contingency operation” means a military operation that-

(i) Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or

(ii) Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12305, or 12406, chapter 15 of U.S.C., or any other provision of law during a war or during an national emergency declared by the President or Congress (10 U.S.C. 101(a)(13)).

“Humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operation under Chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing. (10 U.S.C. 2302 (8) and 41 U.S.C. 259(d)(2)(B)).

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS – COMMERCIAL ITEMS (JUL 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C.

251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June…