SP0600-10-R-0241.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

FPH1429

Typewritten Text 424720

FPH1429

Typewritten Text

SP0600-10-R-0241

TABLE OF CONTENTS

SCHEDULE

REQUIRED REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

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) . 9 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 (JUNE 2010)

ADDENDUM #1: OTHER REGULATORY AND LOCAL CLAUSES

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

INT-C1 SPECIFICATIONS (DLA ENERGY JAN 1997)

INT-C16.15 GASOLINE, AVIATION (GRADES 80/100LL) (DLA ENERGY MAR 2000)

INT-C16.18-26 GASOLINE, AUTOMOTIVE, UNLEADED (PC&S) (AFGHANISTAN) (DLA ENERGY FEB 2009) 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)

FAR 52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE (AUG 1996)

INT-E21.01 POINT OF INSPECTION (DLA ENERGY APR 2010)

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

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 APRIL 2005)

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

FAR 52.247-29 F.O.B ORIGIN (FEB 2006)

FAR 52.247-34 FOB DESTINATION (NOV 1991)

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

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

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

JCC-I/A CLAUSE 952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (APRIL 2010)

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

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

JCC-I/A CLAUSE 952.225-0007 MANDATORY SHIPPING INSTRUCTIONS (IRAQ) (FEB 2010)

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

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

INFORMATION (MAY 1999)

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

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

INT-I1.03-8 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DOMESTIC/OVERSEAS/IRAQ PC&S)

(PORTS INTERNET APPLICATION) (DLA ENERGY MAR 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)

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

FAR 52.232-17 INTEREST (OCT 2008)

FAR 52.216-21 REQUIREMENTS (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 APRIL 2006)

FAR 52.216-18 ORDERING (OCT 1995)

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

INT-I209.18 OPTION TO EXTEND THE TERM OF THE CONTRACT (DLA ENERGY DEC 2007)

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

RESPONSIBILITY (JUL 2009) (DEVIATION 2007-O0010)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (MAR 2006)

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

UNDER THE CONTRACT (DLA ENERGY JUL 2008)

ADDENDUM #2: OTHER REGULATORY AND LOCAL SOLICITATION PROVISIONS

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)

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

INT-L2.10 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

INT-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY AUG 2010)

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) ... 61

INT-M55 CONVERSION FACTORS (DLA ENERGY MAR 2007)

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

INT-M72.03-1 EVALUATION FACTORS FOR BEST OVERALL VALUE (OVERSEAS) (DLA ENERGY JAN 2001)

SCHEDULE

REQUIRED REGULATORY COMMERCIAL ITEM PROVISIONS AND CLAUSES

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.

SUPPLIES, DELIVERY POINTS, THREE (3) YEAR

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY

120 MOSUL

IZ, ARMY, DIAMONDBACK

IRAQ

DELIVERY DODAAC: W91KVS

BILLING DODAAC : W91KVS

ORDERING OFFICE: 90-322-216-3409/3407

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA 011-49-631-411-5355 daniel.schmidt@dla.mil

120-77 MTP (TUPRAS 243) TURKISH MUP 840,000 GL

***PORTS ACTIVE***

TANK TRUCK (TT),INTO UNDETERMINED NUMBER

AND UNDETERMINED CAPACITY OF BLADDERS.

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

LOCATION. ESCORT REQUIRED WHILE IN IRAQ.

THIS FUEL IS CAPITALIZED

120-84 DIESEL FUEL (TURKEY PC&S) 2,835,000 GL

TANK TRUCK (TT), INTO UNDETERMINED NUMBER AND

UNDETERMINED CAPACITY OF BLADDERS.

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

120-LL AVIATION GASOLINE (100LL) DYED 204,120 GL

AVGAS 130 OR COMMERCIAL EQUIV

DRUMS (DR), ALL DRUMS TO BE NEW 55 GAL, 18 GAUGE

FILLED TO A MAXIMUM OF 53 GAL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOVERNMENT REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

121 BASRAH

IZ, ARMY, 17TH FIRES BRIGADE

COB BASRAH, APO, AE 09364

CPT RONALD SEVAK

DEPUTY LOG OPS

858-4244

IRAQ

DELIVERY DODAAC: W90YDF

BILLING DODAAC : W90YDF

ORDERING OFFICE: 858-4244

ORDERING DODAAC : W90YDF

DANIEL SCHMIDT, DLA Energy-EA 011-49-631-411-5355 daniel.schmidt@dla.mil

121-LL AVIATION GASOLINE (100LL) DYED 180,000 GL

TANK TRUCK (TT), ISO CONTAINERS TO COB BASRAH

FLIGHT LINE

DELIVERY HOURS: 0800-1700 MONDAY TO FRIDAY

DELIVERY POC: CPT RONALD SEVAK DEPUTY LOG OPS AT

858-4244. NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

122 ALI AIR BASE

IZ, USAF, 407TH AEG/ELRS/POL

ALI AIR BASE, IRAQ

POC: SMSgt DAVID G. ELLIS david.ellis@tlab.afcent.af.mil

DSN 318-445-2505

RAQ

DELIVERY DODAAC: UCTALI

BILLING DODAAC : UCTALI

ORDERING OFFICE: DSN 318-445-2505

ORDERING DODAAC : UCTALI

DANIEL SCHMIDT, DLA Energy-EA 011-49-631-411-5355 daniel.schmidt@dla.mil

122-LL AVIATION GASOLINE (100LL) DYED 402,000 GL

TANK TRUCK (TT), ISO CONTAINERS TO ALI AIR BASE

DELIVERY HOURS: 0630-1830 MONDAY THRU FRIDAY

DELIVERY POC: SMSgt DAVID G. ELLIS AT DSN 318-445-2505

MULTIPLE DELIVERY TICKETS REQUIRED.

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

130 CAMP ANACONDA

IZ, ARMY

IRAQ

DELIVERY DODAAC: W910M1

BILLING DODAAC : W9117F

ORDERING OFFICE: 90-322-216-9409/3407

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA

130-77 MTP (TUPRAS 243) TURKISH MUP 375,000 GL

TANK TRUCK (TT),

INTO UNDETERMINED NUMBER AND UNDETERMINED CAPACITY

OF BLADDERS.

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

130-84 DIESEL FUEL (TURKEY PC&S) 32,940,000 GL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

140 KIRKUK

IRAQ

DELIVERY DODAAC: UCKIKU

BILLING DODAAC : W9117F

ORDERING OFFICE: DSN 460-0423

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA

140-LL AVIATION GASOLINE (100LL) DYED 165,000 GL

****PORTS ACTIVE****

DRUMS (DR), ALL DRUMS TO BE NEW 55 GAL, 18 GAUGE

FILLED TO A MAXIMUM OF 53 GAL .

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOVERNMENT REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

170 TIKRIT,

IZ, ARMY, CAMP SPIECHER

IRAQ

DELIVERY DODAAC: W9044S

BILLING DODAAC : W9117F

ORDERING OFFICE: 611-380-7818

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA

170-77 MTP (TUPRAS 243) TURKISH MUP 960,000 GL

TANK TRUCK (TT), INTO UNDETERMINED NUMBER

AND UNDETERMINED CAPACITY OF BLADDERS.

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

170-84 DIESEL FUEL (TURKEY PC&S) 9,450,000 GL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

171 CAMP SPEICHER (NEAR TIKRIT)

IRAQ

DELIVERY DODAAC: W9044S

BILLING DODAAC : W9044S

ORDERING OFFICE: 0611-380-7818

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA

171-LL AVIATION GASOLINE (100LL) DYED 540,000 GL

AVGAS 130 OR COMMERCIAL EQUIV.

TANK TRUCK (TT), W/4" MALE ADAPTER CAM LOCKS,

MINIMUM 10 FEET OF HOSE AND PUMP AND METER WILL BE

REQUIRED. INTO 3/5,000 GALLON U.S. MILITARY M969 FUEL

DISPENSING SEMI-TRAILERS. TRAILERS WILL BE BOTTOM LOADED.

GROUNDING AND OTHER INDUSTRY PRACTICED SAFETY

MEASURES SHOULD BE TAKEN. SAMPLES WILL BE DRAWN

AT DISCHARGE POINT. DISCHARGE TIME WILL BE

APPROXIMATELY ONE (1) HOUR. NOTE: CONTRACTOR MUST

ENSURE ALL DELIVERY TICKETS ARE SIGNED BY A U.S.

GOVERNMENT REPRESENTATIVE AND CONTAIN

PRINTED NAME, ORGANIZATION AND THE DATE

PRODUCT WAS RECEIVED AT THE DELIVERY

180 TALL AFAR

IRAQ

DELIVERY DODAAC: W91J6S

BILLING DODAAC : W9117F

ORDERING OFFICE:

ORDERING DODAAC : SJ0601

DANIEL SCHMIDT, DLA Energy-EA

180-LL AVIATION GASOLINE (100LL) DYED 172,800 GL

****PORTS ACTIVE****

DRUMS (DR), ALL DRUMS TO BE NEW 55 GAL, 18 GAUGE FILLED TO A

MAXIMUM OF 53 GAL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOVERNMENT REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

LOCATION.ESCORT REQUIRED WHILE IN IRAQ.

910 BALAD

IZ, USAF

IRAQ

DELIVERY DODAAC: UCBALA

BILLING DODAAC : UCBALA

ORDERING OFFICE: 0611-380-7818

ORDERING DODAAC : UCBALA

DANIEL SCHMIDT, DLA Energy-EA

910-LL AVIATION GASOLINE (100LL) DYED 600,000 GL

******PORTS ACTIVE*****

TANK TRUCK (TT),

4/10,000 gallon SCAT tanks

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOVERNMENT REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

910-LL1 AVIATION GASOLINE (100LL) DYED 105,000 GL

******PORTS ACTIVE*****

TANK TRUCK (TT), ALL DRUMS TO BE NEW 55 GAL, 18

GAUGE FILLED TO A MAXIMUM OF 53 GAL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOVERNMENT REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

LOCATION. THIS IS AN ALTERNATE LINE ITEM TO

910-LL. ESCORT REQUIRED WHILE IN IRAQ.

920 KIRKUK,

IZ, USAF

IRAQ

DELIVERY DODAAC: UCKIKU

BILLING DODAAC : UCKIKU

ORDERING OFFICE:

ORDERING DODAAC : UCKIKU

DANIEL SCHMIDT, DLA Energy-EA

920-77 MTP (TUPRAS 243) TURKISH MUP 675,000 GL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

920-84 DIESEL FUEL (TURKEY PC&S) 1,800,000 GL

NOTE: CONTRACTOR MUST ENSURE ALL DELIVERY TICKETS

ARE SIGNED BY A U.S. GOV'T REPRESENTATIVE AND

CONTAIN SIGNATORY'S PRINTED NAME, ORGANIZATION AND

THE DATE PRODUCT WAS RECEIVED AT THE DELIVERY

NOTE: On f.o.b. origin deliveries, acceptance of the supplies furnished hereunder will take place at origin, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. On f.o.b. destination deliveries, acceptance of the supplies furnished hereunder will take place at destination, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance.

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 120 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—

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

ORDERS -- COMMERCIAL ITEMS (July 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 (Dec 2008) (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 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103- 355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

_X__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (42) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 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)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110- 247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS

(June 2010)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

__X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub.

L. 110-181).

(2) __X__ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C.

2533b).

(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(11) __X__ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(14) (i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(17) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(18) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(19) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(20) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(21) _X___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(23) (i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) _X___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(24) __X__ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108- 375).

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

ADDENDUM #1: OTHER REGULATORY AND LOCAL CLAUSES

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

(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_____________________________.

(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. DLA ENERGY will correct any other reference prices, as notice of the correction is received. DLA ENERGY 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…