AMENDMENT 0003 _SP0600-10-R-0527_ with OSP _2_.pdf

AMENDMENT 0003

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE 1 OF PAGES 37

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

14 October 2011

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SP0600 7. ADMINISTERED BY (If other than Item 6) CODE

DLA ENERGY

8725 JOHN J. KINGMAN RD., SUITE 3938

FT. BELVOIR, VA 22060-6222

BUYER/SYMBOL: IVAN HARGROVE-BXB

PHONE: 703-767-9328 FAX: 703-767-9338

E-MAIL: Ivan.Hargrove@dla.mil

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

X

SP0600-10-R-0527

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [] is extended, [X] is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copy of the amendment ;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE

RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office appropriation date, etc.) SET FORTH

IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor [] is not, [] is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

A. DLA Energy requests that all offerors acknowledge receipt of this amendment by completing block 8 above, and signing and dating blocks 15A, 15B, and 15C below, and returning this document with their offer to DLA Energy/BXB e-mail to Ivan.Hargrove@dla.mil or by facsimile to 703-767-9337.

SEE CONTINUATION PAGES

Except as provided herein, all terms and conditions of the document referenced in Items 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C.DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN: 7540-01-152-8070

30-105 STANDARD FORM 30 (REV. 10-83

B. The following line item is hereby deleted from the solicitation:

CLIN SAMPLE LOCATION

0044 ST. Rose, LA

C. The following line item is hereby added to the solicitation:

0047 Verona, NY

D. The distance of the commercial laboratory from the CONUS locations being solicited has been increased from 300 miles to 900 miles for line items 0005, 0011, 0012, 0017, 0023, 0024, 0029, 0036, 0046 and 0047. (See the updated Performance Work Statement (PWS) to reflect this change in Attachment A).

E. The closing date for submission of offers for line items 0005, 0011, 0012, 0017, 0023, 0024, 0029, 0036, 0046, and 0047 under this solicitation, are hereby extended until Friday, October 28, 2011, 3:00 pm (Local Time, Fort Belvoir, VA).

F. The final date for receipt offers for line items 0005, 0011, 0012, 0017, 0023, 0024, 0029, 0036, 0046 and 0047 under this solicitation is Friday, October 28, 2011, 3:00 pm (Local Time, Fort Belvoir, VA). All other line items issued under solicitation SP0600-10-R-0527 are closed to new offers.

0005 Montgomery, AL 0011 Salt Lake City, UT 0012 Breman, GA 0017 Tulsa, OK 0023 Columbus, GA 0024 Macon, GA 0029 Alamogordo, NM 0036 Rapid City, SD 0046 Helena, AL 0047 Verona, NY

G. Attachment B of this amendment details the petroleum products, test methods required for a quality determination.

H. Attachment C contains the OSP (applicable fill-in clauses and price sheets for the products and locations being solicited). For each CLIN the contractor shall submit pricing on every test, or test group, for each CLIN as shown in the price sheets in Attachment C.

I. The following DLA Energy instruction clauses are hereby re-numbered to follow special contract provisions. The content of the clauses remains unchanged.

SECTION B

B-0001 B26.19 Lab Testing in Contractor Owned, Contractor Operated Facilities (DLA Energy 2009)

(a) The quantities of samples for testing are estimates only. The services the Contractor shall be required to furnish and the Government to accept shall be those that, from time to time, may be ordered during the period of this contract. In any event, however, the Government shall order during the period of this contract services having an aggregate value, at the unit prices set forth in the Schedule, of not less than $100. The Contractor shall not be required to test more than 30 samples of fuel per month, but may, if requested to do so, perform tests on samples in excess of this quantity, subject to the limitations set forth in (b) below.

(b) As of the date of its execution, there has been allocated to this contract the total sum indicated on the cover page. In no event shall the Contractor, without the consent of the Contracting Officer, furnish services that would entitle the Contractor to payments in excess of the total sum allocated to this contract.

SECTION G

G-0001 G3 Invoice Numbering Requirements (DLA Energy 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.

G-0002 G9.06 Address to Which Remittance Should Be Mailed (DLA Energy 1999)(OSP )

G-0003 G9.07-5 Electronic Transfer of Funds Payments – Federal Reserve Wire Transfer System (DLA Energy Jan

2007)(OSP 13)

G-0004 G21 Designation of Property Administrator (DLA Energy MAY 2009)

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).

SECTION I

I-0001 I209.18 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract under the terms of the Schedule by giving written notice to the Contractor at least 30 days before the contract expires.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

SECTION K

K-0001 K1.01-7 Offeror Representations and Certifications-Commercial Items (Cont)(DLA Energy FEB 2009)

SMALL BUSINESS CONCERN REPRESENTATION - OFFEROR’S MANUFACTURING SOURCE.

(a) The representation in (c) below concerning the offeror’s manufacturing source applies to Small Business Set-Aside (SBSA) line items, Small Disadvantaged Business Price Evaluation Adjustment (SDB PEA) line items, and HUBZone Small Business (HSB) line items only.

(1) To be eligible for either the SBSA or SDB PEA, the representation in (c)(1) below must state that all end items will be manufactured or produced by a small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) To be eligible for the HSB preference, the representation in (c)(2) below must state that all end items will be manufactured or produced by a HUBZone small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Failure to complete (c) below and failure to submit same with the offer may render the offer ineligible for award in these programs.

K-0002 K33.01 Authorized Negotiators (DLA Energy APR 2007)(OSP 15)

SECTION L

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (LAB TESTING) (TAILORED) (DLA ENERGY) (APR 2009)

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern that submits an offer in its own name, but which proposes to furnish an item that it did not itself manufacture, is 500 employees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of solicitation amendments;

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

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

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

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

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

(d) PERIOD FOR ACCEPTANCE OF OFFERS.

(1) Acceptance period, as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of offers.

(2) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(3) The Government requires a minimum acceptance period of ____ calendar days.

(4) If the offeror specifies an acceptance period which is less than that required by the Government, such offer m be rejected.

(5) The offeror agrees to execute all that is has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in paragraph (3) above or within any extension thereof which has been agreed to by the offeror.

(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.

(iii) 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.

(3) 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.

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

(g) CONTRACT AWARD.

(1) The Government may award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose offer(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

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

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

(4) The Government may 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. The Government reserves the right not to conduct discussions as determined by the Contracting Officer.

(h) MULTIPLE AWARDS. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may 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.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

L-0002 L35 Restriction on Award (Testing) (DLA Energy APR 1971)

The Government intends to award only one contract for each location listed in the Schedule. To assure consideration for award of a location, the offeror must submit offers on at least 90 percent of the tests listed at each location. However, the Government reserves the right to make multiple awards at any given location where such will best serve the Government's interest.

J. The following clauses are hereby added in full text to the Solicitation:

Section I Contract Clauses

52-212-4 Contract Terms and Conditions – Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –Commercial

Items (Oct 2010).

52.213-2 Invoices (Apr 1984).

Section I Contract Clauses Continued

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions, (March 2011)

52-212-4 Contract Terms and Conditions – Commercial Items

Contract Terms and Conditions—Commercial Items (June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is

52-212-4 continuedreasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

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

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

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

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

(i) Payment.—

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

52-212-4 continued(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice.

For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

52-212-4 continued

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

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

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

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

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

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

52-212-4 continued

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;

40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

52-212-4 continuedThe Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Oct 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:

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

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

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

52.222-35 Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O 13201).

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).

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

52.213-2 Invoices (Apr 1984)

The Contractor’s invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state—

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions, (March 2011)

(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.

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.

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

110-181).

252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

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

K. All other terms and conditions set forth under solicitation SP0600-10-R-0527 remain in-force and unchanged.

List of Attachments:

A. Amended PWS B. The petroleum products, test methods required for a quality determination.

C. OSP (Applicable Fill-In Clauses and Price sheets for the products and locations being solicited)

Attachment A

PERFORMANCE WORK STATEMENT

MULTIPLE CONUS LOCATIONS QUALITY ASSURANCE TESTING AND SAMPLING OF PETROLEUM

PRODUCT

A. INTRODUCTION:

Defense Logistics Agency Energy (DLA Energy) buys petroleum products that are used in support of military operations worldwide. The purpose of this PWS is to provide a description/direction of the services required of a contractor that will represent the United States Government/ DLA Energy by providing sampling, laboratory testing and transportation of government-owned petroleum products as described herein, and report the information gathered as a result of those services to DLA Energy.

B. SERVICES TO BE PROVIDED:

1. The contractor shall provide the following services as part of this Performance Work Statement:

a. Sampling of vessels and drums containing the petroleum products listed in Attachment A;

b. Transportation of the samples to the contract laboratory via a dedicated laboratory vehicle or commercial carrier

(includes packaging);

c. Laboratory testing of the petroleum products listed in Attachment B. Attachment B details the petroleum products, test methods, and groups of test methods required for a quality determination.

d. Attachment C contains the price sheets for the products and locations being solicited. The contractor shall submit pricing on every test or test group listed in Attachment C price sheets. The number of tests listed in Attachment C is for budget planning only. However, at any time the contractor shall be prepared to test any test or test group for a product/location listed in Attachment C.

e. The commercial laboratory must be located within 900 miles of the sample locations listed in the following CONUS locations being solicited in this PWS.

SAMPLE LOCATION PROPOSED CLIN

Montgomery, AL 0005

Salt Lake City, UT 0011

Breman, GA 0012

Tulsa, OK 0017

Columbus, GA 0023

Macon, GA 0024

Alamogordo, NM 0029

Rapid City, SD 0036

Helena, AL 0046

Verona, NY 0047

AMENDMENT A

C. LABORATORY TESTING AT MULTIPLE CONUS LOCATIONS

1. DESCRIPTION OF SERVICES:

a. The contractor shall provide one or more laboratories capable of performing the tests associated with the products listed in the Attachments B The laboratories shall have a system of calibration equivalent to ISO 10012-1 – Quality Assurance Requirements for Measuring Equipment and meet the equivalent requirements of ISO 17025 – General Requirements for the Competence of Testing of Calibration Laboratories.

b. The laboratory shall maintain an audit trail that will allow for identification of tests performed and specific equipment and technicians. All testing will be performed in strict accordance with test methods identified in attachments referred to in Attachment B.

c. Testing of U.S. Government-owned fuel products are required 24 hours per day, 7 days per week (including holidays).

Under normal circumstances, samples will be received during contractor’s normal working hours as set forth in the contract. Samples shall be processed, tested, and results provided to the DLA Energy Office/QAR (having cognizance over the location from which the samples originate) within the prescribed turn-around times as indicated.

Turn-around time is measured from the time the samples are received at the laboratory to the time test results are received by the QAR. Should testing be required at other than normal working hours, and/or neither the CO nor the QAR are available, the Contractor may perform tests as requested in order to make an adequate analysis of the samples of fuel furnished for testing. No additional tests that are beyond the Contractor’s capability to perform shall be required. The following are general turn-around times for groups of test/ methods:

TESTS REQUIRED and TURN AROUND TIMES B Series Testing (Attachment B) 24 hours Individual Testing (as requested) 8 hours

d. The contractor shall maintain records evidencing all analysis performed under this contract. All samples tested will be documented with a detailed report which reflects standardized American Petroleum Institute / Institute of Petroleum (API/IP) format when available. The contractor will telephone, fax, or email test results to the DLA Energy office identified below. Costs for providing test results will not be reimbursed by the U.S. Government and should be included in testing prices.

e. Samples shall be retained, after analysis, for a minimum of 15 days.

f. The Contractor shall be responsible for disposal of excess fuel sample and sample containers.

g. Upon request by DLA Energy, the Contractor may be asked to provide Department of Transportation (DOT) approved sample containers and packaging/shipping materials. The Contractor is asked to quote a price under for sample containers and packaging/shipping materials in Attachment C Price Sheets.

E. ORDERING OF SERVICES

Services are considered to be “ordered” when the Contractor’s laboratory personnel receive the sample, along with instructions for which series/tests are to be performed. All orders are subject to the terms and conditions of the contract.

Orders may be placed during the performance period of the contract.

1. Ordering of laboratory services shall be authorized by the DLA Energy QAR assigned to DLA Energy having cognizance over the location from which the samples originate.

2. Additional Services and Testing Outside Normal Working Hours

AMENDMENT A

a. The Contractor shall perform such additional tests as the Contracting Officer (CO) or designated representative may require. The representative of the CO, for purposes detailed below, is hereby designated as the QAR of DLA Energy as having cognizance over the location from which the samples originate.

b. Should testing be required at other than normal working hours, and/or neither the CO nor the QAR are available, the

Contractor may perform tests as requested in order to make an adequate analysis of the samples of fuel furnished for testing. No additional tests that are beyond the Contractor’s capability to perform shall be required.

c. Invoices for services performed under this clause shall be submitted in accordance with the Clause XXXXXX-

(invoice clause from contract), and this document. However, a separate certification will be required on the invoice citing those additional tests that were requested under this clause, and/or the amount of overtime required, and any resulting overtime charges.

d. Overtime is defined as the time outside the Contractor’s normal working hours when the sample has been placed in the normal queue. Expedite is defined as placing the sample at the front of the queue and performing the test immediately.

F. INVOICES:

The contractor shall submit an invoice to the Quality Assurance Representative (QAR) of DLA Energy as assigned for certification and authorization for payment. The invoice may be mailed, emailed or faxed to the QAR who will in turn forward a signed copy of the invoice to the contractor and DFAS for payment. The Contractor shall prepare the invoice on the last day of each month. Each invoice shall contain the following information:

1. Contract number, CLIN, and SubCLIN;

2. For each sample submitted:

Sample identification number;

Sample date;

Date testing is performed;

Name and Location of laboratory where testing is performed;

List of tests performed and unit price for each;

3. Total amount due on same line as Contract Line Item Number (CLIN);

4. Invoice shall be made out to:

DFAS-Columbus Center

ATTN: DFAS-FVSFA/CO

3900 East Broad…