Solicitation SP0600-11-R-0510.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600PR101174 Page 1 of 61

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP0600-11-R-0510

6. SOLICITATION ISSUE DATE

May 5, 2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JIM CLOUGH

b. TELEPHONE NUMBER (no collect calls) 703-767-9382

8. OFFER DUE DATE/ LOCAL TIME:

June 10, 2011 at 5:00 PM Eastern

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

FOB DESTINATION

UNLESS BLOCK IS

MARKED

[ ] SEE SCHEDULE

12. DISCOUNT TERMS

DLA Energy 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, VA 22060-6222

JIM CLOUGH, DLA ENERGY BXA

james.clough@dla.mil Telephone: 703-767-9382

[ ] UNRESTRICTED

[ x ] SET ASIDE: 33% FOR

[ x ] SMALL BUSINESS

[__] SMALL DISAV. BUS.

[ ] 8(A) 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

SIC: 541620

SIZE STANDARD: $7,000,000

14. METHOD OF SOLICITATION

[___]RFQ [___[ IFB [ X ] RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule in Clause INT-B35

See Block 9

17a. CONTRACTOR/

OFFEROR

BIDDER

CODE

CAGE

CODE

18a. PAYMENT WILL BE MADE BY CODE HQ0104

DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER

FUELS PAYMENT DIVISION, SERVICES COMMODITY/JAQBAD

PO BOX 182317

COLUMBUS, OH 43218-2317

[XX]17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

CHECKED

[ X ] SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See schedule in clause INT-B35

25. ACCOUNTING AND APPROPRIATION 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 [ X ] ARE [ ] ARE NOT ATTACHED.

* SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

[ ] 27b.. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED

[ ] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN TWO (2) COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITION-AL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN.

[___] 29. AWARD OF CONTRACT: REFERENCE OFFER DATED _________________.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HERIN, 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 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

[__] RECEIVED [__] INSPECTED

[__] ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

PARTIAL FINAL

36. PAYMENT

[__] COMPLETE [__] PARTIAL [__] FINAL

37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE 38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING

OFFICER

41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Environmental Documents Solicitation

A. This solicitation is anticipated to result in a multiple-award contract to three vendors, with not less than one award given to a small business. If a minimum of two offers from qualified small business concerns are not received by the closing date and time for receipt of initial proposals, award will be made based on full and open competition. “Qualified” is defined herein as small business concerns eligible for award in accordance with FAR 19.3 and their prices are considered fair and reasonable.

B. DLA ENERGY – BXA is the designated office for receipt of offers. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words “Offer Under Solicitation SP0600-11-R- 0510.”

C. A pre-proposal conference will be held on May 24, 2011 at 11:30 in the McNamara Building located at Fort Belvoir, VA (See clause INT-L198). Email james.clough@dla.mil if you plan to attend. There is a maximum of two persons per firm due to room limitations.

D. The NAICS code for this procurement is 541620 and the small business threshold is $7M in total receipts (see clause 52.212-3). The point of contact for Small Business Affairs is Ms. Joan Turrisi, telephone number

(703) 767-9465.

E. Your offer must be received by 5:00 PM on 6/10/2011. Facsimile proposals are not authorized. Do not return the entire solicitation. Complete and return an original and one copy of the Offeror Submission Package and one original and two copies of the Technical Proposal as described in INT-L201.01.100. Proposed prices that are unrealistically low or high may be considered an indication of a lack of understanding of the solicitation requirements and may excluded from the competitive range.

F. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions included in this solicitation. Any exceptions to the solicitation must be specifically identified in a cover letter to your proposal.

G. See clause INT-M28.04.100 for the evaluation factors. This will be a multiple-award Firm Fixed Price / IDIQ contract. See clause 52.216-19, “Ordering Limitations,” for minimum and maximum guarantees.

H. As a matter of clarification, offerors will receive a higher rating under the Technical/Management evaluation for the capability to perform required services in-house. The Socioeconomic Plan evaluation will consider that part of the required services that cannot be performed in-house. See clause M28.04.100.

I. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.

J. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.

Table of Contents

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

INT-B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR

2009)

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

INT-E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

SECTION G – CONTRACT ADMINISTRATION DATA

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE

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

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

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

INT-G50.01 CONTRACTOR'S PURCHASING SYSTEM (DLA ENERGY FEB 1992)

INT-G148.06 SUBMISSION OF INVOICES FOR PAYMENT (ENVIRONMENTAL) (DLA ENERGY MAR

2006)

INT-G148.06-1 REIMBURSEMENT FOR TRAVEL (DLA ENERGY MAR 2006)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

INT-H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

INT-H9.02 AUTHORITY TO TAKE DIRECTION (DLA ENERGY FEB 1992)

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

ENERGY MAY 2009)

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004)

52.203-3 GRATUITIES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT(ALTERNATE

I)(SEP 2006)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP

2007)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-7/252.204-7004 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (APR 2008/SEP2007)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JUN 2008)

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JUN 2010)

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

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (ALTERNATE II)(JULY 2010)

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

52.216-18 ORDERING (OCT 1995)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.225-13 RESTRICTION ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

52.233-1 DISPUTES (JULY 2002)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES -- FIXED PRICE (ALTERNATE II)(APR 1984)

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

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-

RELATED FELONIES

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION

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

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.215-7000 PRICING ADJUSTMENTS (DEC 1991)

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

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD

CONTRACTS) (AUG 2009)

252.247-7005 INDEFINITE QUANTITIES--NO FIXED CHARGES (DEC 1991)

252.247-7009 AWARD (DEC 1991)

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

ADJUSTMENT

(DLA ENERGY JUL 1988)

INT-I209.14 EXTENSION PROVISIONS (ENVIRONMENTAL) (DLA ENERGY SEP 1997)

INT-I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY FEB 1992)

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

QUOTERS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (AUG

2009)

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

COUNTRY (JAN 2009)

INT-K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(CONT’D)

(DLA ENERGY FEB 2009)

INT-K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY MAR 1999)

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

INT-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

INT-K150 WIDE AREA WORKFLOW (DLA ENERGY OCT 2008)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

52.216-1 TYPE OF CONTRACT (APR 1984)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999)

INT-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

INT-L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND

SOCIOECONOMIC PLAN SUBMISSIONS (DLA ENERGY APR 2009)

INT-L198 PREPROPOSAL CONFERENCE (ENVIRONMENTAL) (DLA ENERGY OCT 1992)

INT-L201.01.100 SPECIFIC INSTRUCTIONS FOR PREPARING OFFERS (ENVIRONMENTAL) (DLA ENERGY

JAN 2009)

SECTION M – EVALUATION CRITERIA

INT-M7 SOCIOECONOMIC EVALUATION (DLA ENERGY APR 2003)

INT-M28.04.100 BASIS FOR AWARD (ENVIRONMENTAL) (DLA ENERGY JAN 2009)

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

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

INT-B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR 2009) The services to be furnished during the period specified herein and the unit prices are as follows:

FIVE-YEAR BASE CONTRACT PERIOD: October 1, 2011 through September 30, 2016

LEVEL UNIT PRICING IS REQUIRED

Five-Year Base Contract Period

CLIN Description Total Estimated

Hours Price per hour / Unit

0001 Project Manager 1500 $________________

0002 Senior Environmental Consultant 7500 $________________

0003 Professional Engineer 2500 $________________

0004 Engineering Technician 400 $________________

0005 Environmental Scientist 15000 $________________

0006 Environmental Technician 2000 $________________

0007 Technical Writer/Editor 3000 $________________

0008 Mapping Technician 5000 $________________

0009 Office Automation 1250 $________________

0010 Document Reproduction 1 1500 $________________

0011 Markup for Overhead & Profit 2* _______%

0012 Other Direct Costs n/a

Total Prices $________________

NOTES:

1. Each unit of document reproduction assumes white, 3-ring binder with 24 colored tabs, 3-inch spine, 12 color photos, up to six 36" x 24" large format drawings, and 200 double sided pages and 1 CD. The source file for all electronic files must be included as part of the final deliverable items.

2. Digital cameras to support all projects should be included in G & A.

3. Per clause 52.217-8, the Government has the right to extend services at the same rates for a period of no more than six months at the conclusion of the base contract period.

*State as a percentage, it will be added to the Direct Cost of Work.

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

Please see Attachment 1 for the Performance Work Statement.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

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

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

INT-E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA ENERGY – WE, Enviromental Documents, (703) 767-8308.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

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

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

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

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

SECTION G – CONTRACT ADMINISTRATION DATA

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect the Contractor’s current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 541620 assigned to contract number _________________________(contract number to be decided after solicitation process).[Contractor to sign and date and insert authorized signer's name and title].

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) METHOD OF PAYMENT.

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

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

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

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

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

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

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

(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.

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

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

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

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

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

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

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

(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

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

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE

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

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

INT-G3 INVOICE NUMBERING REQUIREMENTS (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.

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

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

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items.

In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

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

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

INT-G50.01 CONTRACTOR'S PURCHASING SYSTEM (DLA ENERGY FEB 1992)

(a) The Contractor's purchasing system shall ensure that prices paid for materials, equipment, and services are fair and reasonable.

The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract. As a general purchasing practice, use of any broker, retailer, or other intermediary (which usually causes a price increase in the item being purchased) should be avoided.

(b) The Contractor shall procure materials and services at the most advantageous prices with due regard for prompt delivery of satisfactory services and materials and shall take discounts, rebates, allowances, credits, and other benefits. The Contractor also shall take actions necessary to obtain applicable tax exemptions, reductions, and refunds. Reimbursement costs shall be the net costs after taking discounts, rebates, allowances, credits, and other benefits.

(c) The Contractor shall prepare a Standard Operating Procedure (SOP) on the Contractor's purchasing policies and procedures to include, but not be limited to, maintenance of purchasing records, policies and procedures on emergency purchases, subcontracts, terminations, source selection, and contract administration. The Contractor shall submit the SOP to the Contracting Officer for review and consent. After consent, the Contractor shall adhere to those procedures, unless further reviews of such procedures and policies by the Contracting Officer during the life of the contract reveal deficiencies in the Contractor's purchasing system. Such deficiencies include, but are not limited to, a Contracting Officer's determination that the Contractor's purchasing system does not provide sufficient protection of expenditure of Government funds, and is, therefore, unacceptable. The Contracting Officer shall notify the Contractor, in writing, within 14 calendar days of the Contracting Officer's determination of deficiencies in the Contractor's purchasing system. The Contractor shall revise its purchasing system so that it is acceptable to the Contracting Officer. The Contracting Officer will review the Contractor's purchasing methods when determined necessary by the Contracting Officer during the life of the contract.

NOTE: THE CONTRACTOR’S SOP SHALL BE SUBMITTED TO THE CONTRACTING OFFICER WITH THE INITIAL OFFER.

INT-G148.06 SUBMISSION OF INVOICES FOR PAYMENT (ENVIRONMENTAL) (DLA ENERGY MAR 2006)

(a) Separate invoices must be submitted for each task order issued under this contract. Invoices shall be certified as shown below and submitted to the cognizant DLA ENERGY Environmental Protection Specialist or the DLA ENERGY On-Scene Coordinator for certification that supplies or services included on the invoice have been provided.

Each invoice will be certified by an official of the company in the following manner:

"I certify that the services were performed/supplies were received, the amounts reflected hereon are in conformance with the contract, and that the amounts are correct and proper for payment."

(Signature)

(Printed Name and Title)

(b) FIXED PRICE LINE ITEM(S). Invoices for the fixed price line items shall reflect the total for each contract line item number (CLIN) for the invoice period. Breakdown by subCLIN is not required.

(c) COST REIMBURSEMENT LINE ITEM(S). Invoices shall reference appropriate line item and cost as actually incurred by the Contractor. Supporting documentation for these costs shall be included as attachments to the invoice. General and administrative costs and profit for the cost reimbursement CLINs should have been included in the fixed price of these line items and are not allowable additional charges.

(d) Invoices shall be submitted with an original and one copy with supporting documentation (e.g., subcontractor bills or invoices) to--

ATTN DLA ENERGY BXA, ROOM 2945

DEFENSE LOGISTICS AGENCY

8725 JOHN J KINGMAN RD SUITE 4950

FORT BELVOIR VA 22060-6222

INT-G148.06-1 REIMBURSEMENT FOR TRAVEL (DLA ENERGY MAR 2006)

(a) Performance under this contract may require travel by Contractor personnel. If travel is required, the Contractor is responsible for making all needed arrangements for their personnel.

(b) The Contractor will be reimbursed for allowable travel costs incurred by the Contractor in performance of the contract and determined to be in accordance with FAR 31.205-46, Travel Costs, subject to the following provisions:

(1) Travel, subsistence, and associated labor charges for travel time are authorized for travel beyond a 50-mile radius of the local office(s) designated by the Contractor whenever a contract task order requires work to be accomplished at a temporary alternate work site.

No subsistence for travel time shall be charged for work performed within a 50-mile radius of the Contractor's local office. Travel performed for personal convenience and daily travel to and from work at Contractor's facility will not be reimbursed.

(2) Per diem for travel on work under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the DoD Joint Travel Regulations, Volume II.

(3) To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist class. In the event that only first class travel is available, it will be allowable provided justification is fully documented.

(4) Travel by privately owned conveyance is encouraged when advantageous to the Government. Reimbursement for mileage will be at rates allowed by DoD Joint Travel Regulations, Volume II.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

INT-H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

(a) A DLA ENERGY representative other than the Contracting Officer (CO) may provide technical direction on contract performance. Technical direction includes--

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work; and

(2) Comments on and approval of reports or other deliverables.

(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that--

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the CHANGES clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract.

(c) A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.

INT-H9.02 AUTHORITY TO TAKE DIRECTION (DLA ENERGY FEB 1992)

The Contractor agrees to make whatever arrangements are necessary to ensure that there is someone on-scene at all times with the authority to take technical direction from the Government and to manage the activities being performed. If work is being performed solely by subcontractor personnel and there is no on-scene presence of a prime Contractor representative, the Contractor agrees to provide such subcontractor personnel with the authority to take direction and to make decisions on behalf of the prime Contractor.

INT-H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY MAY 2009)

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

GENERAL LIABILITY INSURANCE.

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

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

AUTOMOBILE LIABILITY INSURANCE.

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

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

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (JULY 2004)

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

The contracting parties agree to a different definition;

The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or The word or term is defined in FAR Part 31, for use it the cost principles and procedures.

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

52.203-3 GRATUITIES (APR 1984)

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

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

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

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

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

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

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

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

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

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

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

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

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

“Agency” means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

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

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

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

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

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

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

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

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency…