Supplemental 0001.pdf

IN REPLY DLA AEROSPACE ENERGY-MK

REFER TO 1014 BILLY MITCHELL BLVD., BLDG 1621

SAN ANTONIO, TX 78226

DAVID WHITE, ACQUISITION SPECIALIST

SUBJECT: Supplemental 0001 to Solicitation SP0600-11-R-0302

ISSUE DATE: 1 November 2011

1. This constitutes supplemental 0001 to solicitation SP0600-11-R-0302. To ensure acceptability of your offer, please review this solicitation carefully prior to offer submission. Contractor shall return a signed copy of the attached SF 1449, provided as ATTACHMENT 1, along with their proposal.

2. All of the terms and conditions of solicitation SP0600-11-R-0302, and amendments 0001-0003, are hereby incorporated by reference except as noted below. A COPY OF SP0600-11-R-0302 IS AVAILABLE FROM THE FED BIZ OPPS WEBSITE AT http://www.fedbizopps.gov/. Point of Contact is David White at (210) 925-7249, david.white@dla.mil .

3. All subCLINs on this solicitation are re-numbered to four-digit CLIN numbers. As a result of this change, SECTION B - SCHEDULE OF SUPPLIES/SERVICES of this supplemental solicitation is different from the solicitation in the Fed Biz Ops. For ease of transition, the new CLIN numbers correspond as much as possible to the original Schedule’s SubCLIN numbers. For example, current SubCLINs 0010AA and future subCLINs 0010AB through 0010AD are changed to CLIN 1001, 1002, 1003 and 1004. In other words, AA will now be replaced with 01, AB replaced with 02 and so on for all SubCLINs applicable to transition on all legacy contracts. The Descriptions (with the exception of service codes discussed below), Estimated Quantities and Pricing of all of the non-applicable subCLINs remain unchanged. Additionally, all Ancillary Services (i.e. Hot Fill, Expedited Delivery, and Detention) awarded under this solicitation are now assigned an “S” or “V” Code, as shown in the revised Schedule (ATTACHMENT 2 to this supplemental).

The Schedule of Supplies/Services added as ATTACHMENT 2 and shall be completed and returned.

4. Revised ADDENDUM TO INT-I1.03-14 Statement of Objectives specific to this supplemental is attached at ATTACHMENT 3.

5. ATTACHMENT 4 contains clauses that have had revisions since solicitation SP0600-11-R-0302 was released. Contractor shall include the fill point in Clause INT-33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY JUL 2008) along with their proposal.

6. The closing date of this solicitation is November 09, 2011 at 1:00 PM, Local Time, San Antonio, Texas.

7. If you have any questions, contact David White, Contract Specialist at david.white@dla.mil, (210)925- 7249, or Barbara M. Peterson, Contracting Officer, at barbara.peterson@dla.mil, (210)925-2543.

DEFENSE LOGISTICS AGENCY

ENERGY – AERIOSPACE ENERGY

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TEXAS 78226

http://www.fedbizopps.gov/� mailto:david.white@dla.mil� mailto:david.white@dla.mil� mailto:barbara.peterson@dla.mil�

ATTACHMENT 1

SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

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

1. REQUISITION NUMBER Page 1 of

SP0600-10-2037/11-0573

2.CONTRACT NO. 3.AWARD/EFFECTIVE

DATE

4.ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-11-R-0302-0001 1 NOV 2011

7.FOR SOLICITATION

INFORMATION CALL:

a.NAME DAVID WHITE david.white@dla.mil

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

210-925-7249 09 NOV 2011

1:00 PM (CST)

9.ISSUED BY CODE SP0600 10.THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

HUBZONE SMALL BUS

8(A)

NAICS: 325120

SIZE STANDARD: 1000

11.DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12.DISCOUNT TERMS

DEFENSE LOGISTICS AGENCY – ENERGY

(DLA ENERGY-MK)

1014 BILLY MITCHELL BLVD

BLDG 1621

SAN ANTONIO, TX 78226-1859

DAVID WHITE /(210)925-7249

E-MAIL: david.white@dla.mil

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS(15 CFR 700)

13b. RATING

CODE:

14.METHOD OF SOLICITATION

RFQ IFB RFP

15.DELIVER TO CODE 16.ADMINISTERED BY CODE SP0600

SEE PART I, INT-B1.09-2 SUPPLIES TO BE

FURNISHED (INDEFINITE QUANTITY)(AEROSPACE

ENERGY)(DLA ENERGY JUN 2009)

SEE BLOCK 9

17a.CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a.PAYMENT WILL BE MADE BY CODE HQ0104

DEFENSE FINANCE AND ACCOUNTING SERVICE

COLUMBUS CENTER

ATTN: DFAS/BVDFB (AEROSPACE ENERGY)

P. O. BOX 182317

COLUMBUS, OH 43218-2317

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADRESS IN OFFER

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

IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PART I, INT-B1.09-2 SUPPLIES TO BE

FURNISHED (INDEFINITE QUANTITY)(AEROSPACE

ENERGY)(DLA ENERGY JUN 2009)

(Use Reverse and/or Attach Additional Sheet as Necessary) 25.ACCOUNTING AND APPRORIATION DATA 26.TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED ADDENDA ARE ARE NOT ATTACHED.

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

28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.AWARD OF CONTRACT: REF. ______________OFFER DATED

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5) INCLUDES ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SIGNED

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

BARBARA M. PETERSON

31c.DATE

SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48CFR) 53.212

Supplemental

SP0600-11-R-0302-0001

Attachment 2

DESCRIPTION/SPECIFICATION

ITEM SUPPLIES/SERVICES ESTIMATED UNIT OF UNIT AMOUNT

QTY ISSUE PRICE

0023 NSN: 6830-00-808-9531 7,200 GAL

AVIATOR'S BREATHING OXYGEN, TYPE II

IAW MIL-PRF-27210H, DATED 01 OCT 09

CONTRACT PERIOD ONE

1 JAN 12 THROUGH 30 SEP 12

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0024 NSN: 6830-00-808-9531 9,600 GAL

AVIATOR'S BREATHING OXYGEN, TYPE II

IAW MIL-PRF-27210H, DATED 01 OCT 09

CONTRACT PERIOD TWO

1 OCT 12 THROUGH 30 SEP 13

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0025 NSN: 6830-00-808-9531 9,600 GAL

AVIATOR'S BREATHING OXYGEN, TYPE II

IAW MIL-PRF-27210H, DATED 01 OCT 09

CONTRACT PERIOD THREE

1 OCT 13 THROUGH 30 SEP 14

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0026 NSN: 6830-00-808-9531 9,600 GAL

AVIATOR'S BREATHING OXYGEN, TYPE II

IAW MIL-PRF-27210H-DATED 01 OCT 09

CONTRACT PERIOD FOUR

1 OCT 14 THROUGH 30 SEP 15

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0027 S20000005 PER OCCURRENCE

SERVICES - EXPEDITED DELIVERY, IAW SOO

PARAGRAPH TITLED: "PRODUCT DELIVERY"

1 JAN 11 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

0028 S20000002 PER OCCURRENCE

SERVICES - HOT FILL TANKS,

IAW SOO PARAGRAPH TITLED: "TANK HOT FILLS"

1 JAN 12 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

0029 V00007478 1 EA

SERVICES, CONTRACTOR TANK INSTALLATION

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

1 JAN 12 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

0030 V00007478 1 EA

SERVICES, CONTRACTOR TANK REMOVAL

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

1 JAN 12 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

Supplemental

SP0600-11-R-0302-0001

Attachment 2

ITEM SUPPLIES/SERVICES ESTIMATED UNIT OF UNIT AMOUNT

QTY ISSUE PRICE

0037 S20000007 PER OCCURRENCE

SERVICES, TANK PURGE, IAW SOO

PARAGRAPH TITLED: "CONTRACTOR PROVIDED ABO

TANKS"

1 JAN 12 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

0032 S20000001 ¼ HR

SERVICES, DETENTION COST, ESTABLISHED

IAW CLAUSE INT-F3.10 TRANSPORT TRUCK AND/OR

TRUCK AND TRAILER FREE TIME AND DETENTION RATES

(AEROSPACE ENERGY)(DLA ENERGY DEC 2007)

1 JAN 12 THROUGH 30 SEP 15

NSA SOUDA BAY, CRETE, GREECE

0033 V00007798 9 MONTHS

TANK LEASE, 1000 GAL, SUPPORTING ITEM 0023

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

CONTRACT PERIOD ONE

1 JAN 12 THROUGH 30 SEP 12

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0034 V00007798 12 MONTHS

TANK LEASE, 1000 GAL, SUPPORTING ITEM 0024

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

CONTRACT PERIOD TWO

1 OCT 12 THROUGH 30 SEP 13

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0035 V00007798 12 MONTHS

TANK LEASE, 1000 GAL, SUPPORTING ITEM 0025

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

CONTRACT PERIOD THREE

1 OCT 13 THROUGH 30 SEP 14

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

0036 V00007798 12 MONTHS

TANK LEASE, 1000 GAL, SUPPORTING ITEM 0026

IAW SOO PARAGRAPH TITLED: "CONTRACTOR PROVIDED

ABO TANKS"

CONTRACT PERIOD FOUR

1 OCT 14 THROUGH 30 SEP 15

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, CRETE, GREECE

ATTACHMENT 3

ADDENDUM TO INT-I1.03-14

STATEMENT OF OBJECTIVES

20 June 2011

1. DESCRIPTION OF REQUIREMENT:

Aerospace Energy Business Unit, as the Department of Defense (DoD) Integrated Materiel Manager (IMM) for Aerospace Energy products and related services, requires delivery of Aviator’s Breathing Oxygen (ABO). The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary to deliver ABO f.o.b. destination into contractor provided tanks at NSA Souda Bay, Crete, Greece.

The Defense Logistics Agency (DLA)

1.

1.1. ABO (NSN 6830-00-808-9531) shall meet the requirements of Type II of specification MIL- PRF-27210H, dated 1 Oct 2009.

PRODUCT SPECIFICATIONS:

1.1.1. MIL-PRF-27210H, paragraph 4.2.1: Preproduction samples are not required if the Contractors fill point is already supplying one or more DoD locations with ABO in accordance with all the requirements of MIL-PRF-27210H including the requirement for submitting periodic samples to a Government approved laboratory listed below in Table 1 “ABO Sample Submission Table.”

1.1.2. MIL-PRF-27210H, paragraph 4.2.2: Preproduction samples (if required) and all periodic sample submissions shall be submitted at the Contractor’s expense to a laboratory listed below in Table 1 “ABO Sample Submission Table”. The submitting Contractor shall also arrange return postage for sample containers so that the assigned Government laboratory can return them to the sample submitter.

1.1.3. MIL-PRF-27210H, paragraph 4.3.1.2: A representative sample of Type II may also be obtained by withdrawing a sample from the sampling port on the shipping container directly into the analytical instrument(s).

1.1.4. The entire contents of a Type II ABO shipping conveyance offered for acceptance by the Government should be produced from a facility that meets all of the requirements of this Statement of Objectives. If the shipping conveyance contains any liquid product that was not produced from an approved facility (such as a product heel from a different fill point), a representative sample shall be drawn from the conveyance (after filling) and tested to determine compliance with the requirements of paragraph 3 of the specification, Table 1 of the specification, and this statement of objectives.

1.1.5. ABO Sample Submission Table.

(Table 1, ABO Sample Submission Table)

1.2. In addition to the reports required elsewhere within the contract, one copy of a certificate of analysis for each sample required by the specification shall be sent to DLA Energy Quality within three days after the analysis of that sample. The analysis report shall be emailed to tech.prop@dla.mil or faxed to the attention of DLA Energy Quality at (210) 925-8048.

2. PRODUCT ORDERING:

2.1. Blanket Delivery Orders (DD Form 1155) will be issued by the DLA Energy Contracting Officer (CO) IAW FAR 52.216-18 ORDERING. However, the DLA Energy Inventory Manager is authorized to issue a DD Form 2908, Propellant Delivery/Services Task Schedule (PDST), which will designate the specifics of the individual deliveries to be accomplished under the Blanket Delivery Order. The PDSTs issued by the DLA Energy Inventory Manager are considered extensions of the Blanket Delivery Order issued by the DLA Energy CO. The PDST issued by the DLA Energy Inventory Manager will normally be in writing, dated and serially numbered; however telephone or email orders issued for emergency deliveries will be confirmed in writing within one business day.

3.2. The Contractor shall provide DESCSA.Cryos@dla.mil

and the using activity a list of personnel available on a 24-hour a day basis regarding shipments. The list shall include full name, office telephone number, home telephone number, direct distance dialing number, Fax number, and E-mail (if available) and shall be kept updated with changes.

ABO SAMPLE SUBMISSION TABLE—OCONUS

OCONUS SUPPPLIERS SUBMITTING ABO PRE-PRODUCTION

AND PERIODIC SAMPLES SHALL SUBMIT THEM TO THE

NEAREST U.S.GOVERNMENT LAB LISTED BELOW

Aerospace Fuels Laboratory

379 ELRS/AFPET

Air Force Petroleum Agency

APO AE 09309

Aerospace Fuels Laboratory RAF Mildenhall, Bldg 725 Bury St Edmunds Suffolk, England IP28 8NF mailto:tech.prop@dla.mil�

3. PRODUCT DELIVERY:

4.1. Product shall be delivered within seven (7) calendar days after receipt of an order from the appointed Ordering Officer, unless a longer period of time is stated on the order. In the event of an expedited requirement for product, the Contractor shall deliver to destination within two (2) calendar days after notification from the appointed Ordering Officer.

4.2. Deliver product to the following address:

DET 1, 95 RS BUILDING 94

MOUZOURAS RD

NAVAL BASE SOUDA BAY AKROTIRI GR 73100

4.3. Deliveries shall arrive at NSA Souda Bay between 0800-1600 hours, Monday through Friday, excluding Federal holidays.

5. CONTRACTOR PROVIDED ABO TANKS

5.1. The Contractor shall supply one ABO tank with a minimum capacity of 1,000 gallons no later than 30 calendar days after contract award. All tanks shall be trailer accessible.

5.2. All Contractor installed tanks shall be equipped with quantity gauges so the users have visibility of tank contents. Contractor shall provide tech manual and instructions to train personnel on how to fill carts and/or tanks from the storage tanks. Tanks shall be equipped with steel mesh hoses suitably sized to accommodate receipts and issues.

5.3. It shall be the Contractor’s responsibility to perform all inspections and maintenance of the Contractor provided tanks and equipment to ensure the system provides safe and uninterrupted support.

The Contractor shall provide the DLA Energy CO with the inspection/maintenance guide at the start of the contract.

5.4. The Contractor shall purge and drain tanks 1) when NSA Souda Bay personnel identify that the purity has fallen below 99.5% for ABO based on the their analysis and/or 2) when the concentration of a single minor constituent contaminant in the ABO reaches the use limits established in Service technical guidance/military specifications. Purging to remove contaminants shall be performed IAW industry purge standards for that particular tank design (pressurized purge with inert gas or flow through purge with inert gas). DLA Energy Quality at tech.prop@dla.mil is the point of contact at DLA Energy for tank draining and purging requirements. Purging of tanks shall be directed by the DLA Energy CO.

5.5. If the Contractor is not awarded the follow-on contract, the Contractor shall, within 30 days of contract expiration, coordinate removal of their equipment with the installation of new equipment from the new supplier to eliminate any delay in supply of product. The Contractor and new supplier have the option to negotiate retention of Contractor-owned equipment in lieu of installing new equipment.

6. TANK HOT FILLS:

7.

Occasionally the Contractor may be required to perform a “Hot Fill” in order to cool-down and refill any tank that has gone empty and is warm.

SECURITY

: For access to the premises, the driver shall provide a valid driver’s license, insurance and vehicle paperwork, and shall be escorted at all times at each destination. Driver will also have to complete Background Investigation Security Sheet supplied by NSA Souda Bay which will take 5 days to complete upon initial request.

mailto:tech.prop@dla.mil�

ATTACHMENT 4

The Following Clauses are revised for SP0600-11-R-0302 as follows:

INSPECTION/SPECIFICATIONS

INT-C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.daps.dla.mil/ or http://dodssp.daps.dla.mil/ under ASSIST-Quick Search. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database from the DoD Single Stock Point website (http://dodssp.daps.dla.mil/) under the [ASSIST Update] menu.

INT-E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY

JUL 2008)

(a) Provide the name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished, and identify the filling points as primary or secondary.

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING

0023-0026 NSN: 6830-00-808-9531

AVIATOR’S BREATHING OXYGEN, TYPE II,

IAW MIL-PRF-27210H, DATED 01 OCT 09,

DELIVERED F.O.B. DESTINATION TO

NSA SOUDA BAY, GREECE

(b) Suppliers that list primary and alternate manufacturing/filling points for supporting the same requirement shall provide a 30 calendar day notice to the Government prior to offering an initial shipment from an alternate manufacturing/filling point.

(c) For f.o.b. origin shipments, the contract price shall not be adjusted if a Contractor uses a different fill location other than the primary fill point during contract performance. However, if the use of the alternate fill point results in increased costs to the Government, such as transportation costs, the Contractor agrees to reimburse the Government for those increased costs.

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY FEB 2011)

(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 DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

https://assist.daps.dla.mil/� http://dodssp.daps.dla.mil/� http://dodssp.daps.dla.mil/�

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 DLA ENERGY 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 DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy 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 DLA Energy 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.

(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 $500, 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 $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (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 $500 to cover administrative costs. This $500 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 DLA Energy 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.

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2011)

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

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

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

[Contracting Officer check as appropriate.]

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

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (10) [Reserved]

___ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

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

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

___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

___ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

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

___ (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

___ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O.

13126).

___ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

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

793).

___ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (33) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

_X_ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (38) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L.

108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (40) 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).

___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

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

___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

351, et seq.).

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

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

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

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (JUN 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.

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

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

(1) _X_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2)_____252.203-7003, Agency Office of the Inspector General (SEP 2010)(Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).

(3) ____ 252.205-7000, Provision of Information to Cooperative AgreementHolders (DEC 1991) (10 U.S.C. 2416).

(4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)(OCT 2010) (15 U.S.C. 637).

(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program)(JAN 2011) (15 U.S.C. 637 note).

(6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. chapter 83, E.O. 10582).

(ii) ____Alternate I (DEC 2010) of 252.225-7001.

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

2533b).

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(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JAN 2011) (10 U.S.C. 2533b).

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

2533a).

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

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(12)(i)_X_ 252.225-7021, Trade Agreements (JUN 2011) (19 U.S.C. 2501-2518 and 19 U.S.C.

3301 note).

(ii)____ Alternate I (SEP 2008) of 252.225-7021.

(iii)____Alternate II (DEC 2010) of 252.225-7021.

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

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

(15)(i) ____ 252.225-7036, Buy American Act—Free Trade Agreements—Balance of Payments Program (DEC 2010) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

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

(iii)___ Alternate II (DEC 2010) of 252.225-7036.

(iv)___ Alternate III (DEC 2010) of 252.225-7036

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

(17) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L.

107-248 and similar sections in subsequent DoD appropriations acts).

(18) ____ 252.227-7015, Technical Data—Commercial Items (MAR 2011) (10 U.S.C. 2320).

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

(20) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

(MAR 2008) (10 U.S.C. 2227).

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(21) _X__ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(22) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

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

(24) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(25)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

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

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

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

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

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

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

(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417).

(4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C .

2631).

(5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

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