10r0521 RFP rev2.pdf

TABLE OF CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COST

INT-B7.01 CANCELLATION CEILINGS (DESC OCT 1998) 4

INT-B30 SERVICES TO BE FURNISHED (AARD) (DESC FEB 2009) 4

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES -FIXED PRICE 6

52.246-5 INSPECTION FOR SUPPLIES 6

INT-E1.11 QUALITY CONTROL PLAN (DESC MAR 2000) 7

INT-E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 7

INT-E29.01 CONTRACT TURNOVER INSPECTION (MAR 2002) 7

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009) 7

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) 9

INT-F1.25-1 PERIOD OF PERFORMANCE (AARD) (MULTIYEAR) (DESC APR 1994) 9

INT-F2.01 NOTICE OF DELIVERIES (AARD) (DESC FEB 1990) 9

INT-F30.05 ORDERING CONDITIONS (AARD) (DESC FEB 2009) 10

INT-F200 DELIVER PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997) 10

SECTION G - CONTRACT ADMINISTRATION DATA

5 2.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CCR (OCT 2003) 10

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) 11

INT-G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 11

INT-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DECS DEC 1999) 11

INT-G17.01 CONTRACTOR'S ACCOUNTING SYSTEM (DESC FEB 1992 12

INT-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DESC MAY 2009) 12

INT-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DESC JUL 1997) 12

SECTION H - SPECIAL CONTRACT REQUIREMENTS

INT-H11 GUARD SERVICE (DESC MAR 1982) 12

INT-H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(MAY 2009) 12

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004) 13

52.203-3 GRATUITIES (APR 1984) 13

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 13

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007) 14

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) 16

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 18

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEP 2007) 19

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

EXECUTIVE ORDERS - COMMERICAL ITEMS (APR 2010) 19

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997) 22

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997) 22

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS JULY 2005) 23

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) 24

52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) 29

52.219-25 SMALL DISADVANTAGED BUSINESS PARTICIPATION

PROGRAM—DISADVANTAGED STATUS AND REPORTING (APR 2008) 29

52.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE 30

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JULY 1990) 30

52.222-26 EQUAL OPPORTUNITY (MAR 2007) 31

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE ETERANS (SEPT 2006) 32

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SETP 2006) 34

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) 35

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 39

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009) 39

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) 40

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) 41

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) 43

52.223-5/1 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (ALTERNATE 1)

(AUG 2003) 43

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 43

52.223-10 WASTE REDUCTION PROGRAM (AUG 2001) 44

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008) 44

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000) 45

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 45

2.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 45

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008) 45

52.232-17 INTEREST (OCT 2008) 46

52.233-1 DISPUTES (JULY 2002) 47

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 48

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) 48

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (OCT 2004) 48

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 48

52.243-1 Changes—Fixed-Price (AUG 1987) 49

52.245-1 GOVERNMENT PROPERTY (JUNE 2007) 49

52.246-25 LIMITATION OF LIABILITY—SERVICES (FEB 1997) 57

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) 57

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) 61

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 1984) 64

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009) 64

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006) 65

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988) 65

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) 66

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 67

52.204-9000 CONTRACTOR PERSONNEL SECURITY (MAY 2009) 68

INT-I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DESC JUNE 2009) 69

INT-I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX

ADJUSTMENT (DESC JUL 1988) 70

INT-I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DESC APR 2009) 71

INT-I116.01 LIABILITY FOR FUEL SPILLS (DESC OCT 1998) 71

INT-I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DESC JUN 2009) 72

INT-I121 CUSTODY OF PETROLEUM PRODUCT (DESC APR 1968) 76

INT-I122 USE OF FACILITIES (DESC APR 2009) 76

INT-I123 TITLE TO FACILITIES (DESC JUL 1991) 76

INT-I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DESC MAY 1987) 76

INT-I209.03 EXTENSION PROVISION (STORAGE) (DESC SEP 1991) 77

INT-I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (Sept 2009) 77

INT-I605.01 DISCLOSURE OF INFORMATION (DESC FEB 1992) 77

SECTION J - ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 78

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (2007) 78

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 79

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 79

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) 80

252.225-7031SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 81

252.247-7022REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 81

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

TERRORIST COUNTRY (JAN 2009) 82

INT-K15 RELEASE OF PRICES (DESC MAR 2009) 83

INT-K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 83

INT-K150 WIDE AREA WORKFLOW (DESC OCT 2008) 83

SECTION L - INSTRUCTION, CONDITIONS AND NOTICES TO OFFERS

52.215-1 INSTRUCTIONS TO OFFERORS- COMPETITIVE ACQUISITION 83

52.215-5 FACSIMILE PROPOSALS (OCT 1997) 85

52.216-1 TYPE OF CONTRACT (APR 1984) 86

52.233-2 SERVICES OF PROTEST (SEPT 2006) 86

252.237-1 SITE VISIT (APR 1984) 86

52.233-9000 AGENCY PROTESTS (SEP 1999)-DLAD 86

252.204-7001COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING

(AUG 1999) 86

INT-L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 87

INT-L2.31 PROPOSAL FORMAT AND CONTENT (DESC JUN 2009) 87

INT-L7 SOCIOECONOMIC PROPOSAL (DESC DEC 2001) 88

INT-L82 WAGE DETERMINATION (DESC FEB 2009) 88

INT-L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DESC FEB 2009) 88

INT-L198 PREPROPOSAL CONFERENCE (ENVIRONMENTAL) (DESC OCT 1992) 88

INT-L201 INSTRUCTIONS TO OFFERORS (GOCO) (DESC MAR 2002) 89

SECTION M - EVAUATION FACTORS FOR AWARD

INT-M28 EVALUATION OF OFFERS (DESC OCT 2003) 89

INT-M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997) 91

INT-M100 EVALUATION OF OFFERS (GOVERNMENT-OWNED CONTRACTOR-OPERATED

TERMINALS (DESC APR 2009) 91

SECTION B – SUPPLIES/SERVICES AND PRICES/COST

INT-B7.01 CANCELLATION CEILINGS (DESC OCT 1998)

(a) In the event this contract is canceled in accordance with either the CANCELLATION OF ITEMS or the CANCELLATION UNDER MULTIYEAR CONTRACTS clause, the cancellation ceilings are as listed below:

CANCELLATION CEILING PROGRAM YEAR

Second Third Fourth Fifth

(b) The cancellation ceilings above are a percentage of the total multiyear contract price. These percentages are the maximum that the Contractor can receive as damages for cancellation of the multiyear contract.

INT-B30 SERVICES TO BE FURNISHED (AARD) (DESC FEB 2009)

(a) LINE ITEMS.

(1) LINE ITEM 0001.

The Contractor will provide alongside aircraft delivery at NAS/JRB Ft Worth, Texas for the period April 1, 2011 through March 31, 2016.

The offered price per month is $ ____________ .

(2) LINE ITEM 0002.

The Service Provider shall provide maintenance and repair beyond preventative maintenance as directed by the Contracting Officer or COR in accordance with the PWS, Section C3.2.

The offered price per month is $ __________.

(3) LINE ITEM 0003.

Emergency services include repairs or services required immediately to permit performance of the contract and/or eliminate hazards to life or property following a breakdown of facilities or equipment, accident, fire, or product spill.

The offered price per month is $___________.

( 4) LINE ITEM 0004 .

Augmentation is defined as compensation for continuous unscheduled work that falls outside the normal hours of operation, and for which service personnel must be retained beyond specified duty hours or called to duty to supplement the assigned workforce. All augmentation shall be approved by the Contracting Officer prior to retaining employees or calling additional personnel to work.

(5) LINE ITEM 0005 .

Tier II and Tier III (40 CFR part 112) emergency spill response services in required to permit performance of the contract and/or immediately initiate clean up in the event of product spill or other environmental mishap beyond Tier I response required under CLIN 0001.

SPACE LEFT BLANK INTENTIONALLY

NOTE: The Contractor will be reimbursed for services, under Line Item 0005, actually performed as approved by the Contracting Officer or the Contracting Officer's Representative, when applicable, for purchases of supplies or services (see Exhibit D1, Unprogrammed Maintenance and Repairs by Cost Reimbursement). The amount for this line item represents the Government's estimate of cost reimbursable supplies, services, and overtime for each contract year. All G&A and profit for this line item must be included in Line Item 0001. If the Government exceeds this estimate by 25 percent, G&A and profit will be allowed for any work beyond that amount.

COST ESTIMATE/YEAR

ESTIMATED TOTAL: ____ HOURS.

(i) Payment for augmentation worked in accordance with Section C-3.4.2 shall be at the following rates (show computation in (b) below):

SUBLINE ITEM # POSITION HOURLY RATE

000 AA Truck Driver Tractor Trailer - Straight Time $ _________/hour 000 AB Truck Driver Tractor Trailer - Overtime $__________/hour 000 AC Fuel System Distribution Oper - Straight Time $__________/hour 000 AD Fuel System Distribution Oper - Overtime $__________/hour 000 AE ______________________________________ $__________/hour 000 AF ______________________________________ $__________/hour

(ii) The Ordering Officer for augmentation at ______________________________________ shall be the Commanding Officer or designee.

(b) AUGMENTATION RATES.

(1) Payment for augmentation worked in accordance with the Performance Work Statement shall be at the rates in Line Item _________. Computation follows:

CATEGORY

Base Rate Plus applicable Fringes Subtotal Plus PT&I* (specify rate) ____________________ Subtotal Plus Profit (specify rate) _____________________ Total Straight-Time Rate

*Payroll Taxes and Insurance

(2) Payment for overtime augmentation worked in accordance with the Performance Work Statement shall be at the rates in Line Item ______________. Computation follows:

CATEGORY

Base Rate times 1.5 Plus PT&I* (as specified above)

Subtotal Plus Profit (as specified above) Total Overtime Rate *Payroll Taxes and Insurance NOTE: When contract contains an option, proposed rates for option periods should be the same as for the basic contract period. When contract is multiyear, proposed rates for each performance period should be the same as for the first performance period. Rates will be adjusted for performance periods with issuance of a new Wage Determination in accordance with the FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT clause.

SECTION C - DESCRIPTION/SPECIFICATIONS

SEE ATTACHMENT 1 FOR PERFORMANCE WORK STATEMENT (PWS)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES—FIXED-PRICE.

INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

52.246-5 INSPECTION OF SERVICES—COST-REIMBURSEMENT.

INSPECTION OF SERVICES—COST-REIMBURSEMENT (APR 1984)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;

and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

INT-E1.11 QUALITY CONTROL PLAN (DESC MAR 2000)

(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.

(b) The QCP shall include the following quality control procedures employed by the Contractor.

(1) Receiving (both product and additives);

(2) Blending;

(3) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

(7) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well.

Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard.

For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;

(8) Quantity measurement;

(9) Records and reports; and

(10) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks, etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.

(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.

INT-E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is the Commanding Officer at the location at which these services are performed.

INT-E29.01 CONTRACT TURNOVER INSPECTION (DESC MAR 2002)

The outdoing Contractor, during the last 10 working days of the contract, shall permit personnel of the successor Contractor access to all contacted facilities to observe operations. The successor Contractor shall, during the last 96 hours of the expiring contract, be provided assistance by the outgoing Contractor, DESC representatives, and the Contracting Officer’s Representative in accomplishing a joint facilities turnover inspection. The inspection shall provide for a facilities walk-through and property inventory, product sampling and testing, and a complete product inventory. The successor Contractor agrees to protect and not disclose any inadvertently disclosed proprietary information of the outgoing Contractor discovered during the turnover period.

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009)

(a) DEFINITION: As used in this clause:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next Defense Energy Support Center (DESC) business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

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

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DESC CONTRACTS or QUALITY REPRESENTATIVE clause of this contract. Each request shall provide the following information: Contractor name;

name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request;

the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DESC, over and above the administrative fee, contingent on the impact of the specific circumstances on DESC relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DESC business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation.

Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

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

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

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

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

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

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

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

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

SPACE LEFT BLANK INTENTIONALLY

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order.

STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause.

Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the

Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the

Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

INT-F1.25-1 PERIOD OF PERFORMANCE (AARD) (MULTIYEAR) (DESC APR 1994)

The performance periods for all line items will be--

BASE PERIOD

1st April 1, 2011 through March 31, 2012 2nd April 1, 2012 through March 31, 2013 3rd April 1, 2013 through March 31, 2014 4th April 1, 2014 through March 31, 2015 5th April 1, 2015 through March 31, 2016

OPTIONAL PERIODS

1st April 1, 2016 through March 31, 2017 2nd April 1, 2017 through March 31, 2018 3rd April 1, 2018 through March 31, 2019 4th April 1, 2019 through March 31, 2020 5th April 1, 2020 through March 31, 2021

INT-F2.01 NOTICE OF DELIVERIES (AARD) (DESC FEB 1990)

When the Contractor has made 80 percent of the estimated truck movements for each performance period, he shall promptly notify the station Commanding Officer in writing with a copy to the Contracting Officer.

INT-F30.05 ORDERING CONDITIONS (AARD) (DESC FEB 2009)

The Ordering Officer may issue oral orders under the ORDERING clause. Such orders shall be subject to written confirmation by the Contracting Officer effective on the date of the oral order.

INT-F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DESC APR 1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminal at Defense Fuel Support Point ______________________ in accordance with all terms and conditions set forth herein for the period of 12:00 noon, ______________, through 12:00 noon, ______________.

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION.

PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by

EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) Suspension of payment. If the Contractor’s EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor’s EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE.

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

INT-G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

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

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

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

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

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(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

INT-G17.01 CONTRACTOR'S ACCOUNTING SYSTEM (DESC FEB 1992)

The Contractor shall employ and disclose, in writing, its cost accounting system and practices for this contract which shall identify and record site specific costs on a site specific basis and by contract task order. Site specific cost documentation for each contract task order must be readily retrievable and sufficiently identifiable to enable cross-referencing with payment vouchers. The foregoing is in addition to and/or complementary to other COST ACCOUNTING STANDARDS clauses contained in this contract. The Contractor shall submit the accounting system and practices with the initial offer to the Contracting Officer for approval.

INT-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DESC MAY 2009)

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Energy Support Center.

INT-G22 DESIGNATION OF THE DEFENSE FUEL REGION (DESC JUL 1997)

(a) The Defense Fuel Region to which reference is made herein is the--

(b) The Defense Fuel Office to which reference is made herein is the—

(c) The Commander of the Defense Fuel Region or his designee, appointed above, is the authorized representative of the Commander, Defense Energy Support Center.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

INT-H11 GUARD SERVICE (DESC MAR 1982)

(a) In the event the Government requires guard service and/or other protective services or facilities not otherwise provided by the Contractor pursuant to the terms of this contract, the Government shall have the right--

(1) To provide such service; or

(2) To require the Contractor to provide such guard service; and/or

(3) To require the Contractor to provide such other protective services or facilities.

(b) The actual cost of providing said services or facilities under (2) and/or (3) above will be for the account of the Government and will be recognized by a modification to this contract.

INT-H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DESC MAY

2009)

(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION clause shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury...............................................AT LEAST $100,000 per person AT LEAST $1,000,000 per occurrence Property Damage.........................................AT LEAST $1,000,000 per occurrence Worker's Compensation..............................AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

(Longshore and Harbor Workers' Compensation must also be provided when applicable.)

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury..................................................AT LEAST $200,000 per person AT LEAST $500,000 per occurrence Property Damage............................................AT LEAST $ 20,000 per occurrence

(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

SECTION I - CONTRACT CLAUSES

52.202-1 Definitions.

DEFINITIONS (JULY 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

52.203-3 Gratuities.

GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative—

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled—

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee.

(This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-6 Restrictions on Subcontractor Sales to the Government.

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

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(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this clause— “Agency” means “executive agency” as defined in Federal Acquisition Regulation (FAR) 2.101.

“Covered Federal action” means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

“Influencing or attempting to influence” means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

“Local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency” includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph

(b) of this clause and are permitted by other Federal law.

“Reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient” includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+4254+34++%2825%29%20%20AND%20%28%2825%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

“State” means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract.