Amendment_0010_Final.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

1 14

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

17 July 2014

4. REQUISITION/PURCHASE REQ. NO.

SP0600-12-0424

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE Defense Logistics Agency Energy 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060

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

NO.

SP0600-13-R-0401

9B. DATED (SEE ITEM 11)

December 12, 2012

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

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

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

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D. OTHER (Specify type of modification and authority)

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

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

See Continuation Page

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

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

John H. Nelson

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

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

(Signature of Contracting Officer)

16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

X

X

SP0600-13-R-0401, Amendment 0010 Fort Drum PPA

SECTION B

1. Clause B.1 DEFINITIONS, FORCE MAJEURE EVENT has hereby been updated to the following:

“Force Majeure Event” means causes beyond the reasonable control of, and without default or negligence of, the party claiming force majeure that unavoidably prevents or delays performance despite the due diligence of the party claiming force majeure (refer to H.5).

SECTION C

2. Clause C.1.1 Qualified Utility Provider has hereby been revised (see italics) to the following:

C.1.1 Qualified Utility Provider The Provider shall comply with all applicable federal, state, interstate, DoD, and local laws and regulations, as they may be amended from time to time, including those requirements relating to health, safety and the environment during all phases of the Contract.

3. Clause C.1.3.3 has hereby been revised (see italics) to the following:

C.1.3.3. The Provider shall ultimately supply electricity generated from the BGF and provide any ancillary services required to deliver said electricity to the Point of Common Coupling (PCC). The Provider shall comply with all applicable Federal, State, interstate, DoD and local laws and regulations, as they may be amended from time to time, including those requirements relating to health, safety and the environment during the all phases of the contract.

4. Clause C.8 Environmental Compliance - Biomass Generation Facility has hereby been revised (see italics) to the following:

C.8 Environmental Compliance - Biomass Generation Facility The Provider shall provide and maintain, for the duration of the contract, environmental protection on the BGF site; plan for and provide environmental protection measures to control pollution that develops during construction and operations. Provider shall comply with all federal, state, interstate, DoD, and local laws and regulations pertaining to the environment, including water, air, solid waste, hazardous substances and waste.

5. Clause C.5.4 has hereby been revised (see italics) to the following:

C.5.4 Quality control is the responsibility of the Provider. The Government may, from time to time, inspect the BGF operation as work proceeds to ensure compliance with worker safety and health requirements contained in the Contract. If issues are identified, the Contracting Officer, the COR or a designated technical representative acting on behalf of the Government shall notify the Provider of any deficiencies and the Provider shall make all necessary corrections commensurate with deficiencies related to safety. The Provider shall make these corrections at no additional cost to the Government. The Contracting Officer has the authority to stop work if unsafe conditions exist.

The Provider's refusal or failure to abate violations or deficiencies may be justification for contract termination in accordance with FAR 52.212-4 paragraph (m), Termination for Cause. The Provider shall promptly pay any fines levied on the Provider by federal or state OSHA offices due to safety/health violations.

6. Clause C.11 Asbestos and Lead-based Paint - Biomass Generation Facility has hereby been revised (see italics) to the following:

The Provider shall not make any improvements or engage in any construction on Government property which contains asbestos-containing material (ACM) without prior approval of the Contracting Officer. Any such improvements or construction shall be done in compliance with all applicable Federal, State interstate, DoD, and local laws and regulations governing ACM. The Provider is responsible for monitoring the condition of its property containing ACM on any portion of Government property for deterioration or damage. The Provider is responsible, at its expense, for remediation of any ACM contained on or in its property which is disturbed or damaged by the Provider or is deteriorated, and of any ACM on Government property which is disturbed or damaged by the Provider during the term of the contract. The Provider will test any painted surface to be affected by any of its operation, construction, installation, repair, or maintenance activities to determine if the paint is lead-based and will handle that surface in compliance with all applicable laws and regulations and at the Provider’s expense.

7. Clause C.24 Liability-Biomass Generation Facility has hereby been revised (see italics) to the following:

C.24 Liability - Biomass Generation Facility The Contractor releases, remits and forever discharges the Government, its officers and employees from any and all causes of action, judgments, expenses, liabilities, damages, claims, and charges of whatever kind or nature, whether in law or equity, tortious, contractual, or other, that may arise as a result of or in connection with the activities of the Contractor, its officers, employees, agents and sub-Contractor under this contract. The Contractor shall indemnify, defend and hold harmless the Government and its officers and employees against any and all causes of action, judgments, expenses, liabilities, damages, claims, and charges of whatever kind or nature, whether in law or equity, tortious, contractual, or other, that may arise as a result of or in connection with the activities of the Contractor, its officers, employees, agents and subcontractors under this contract.

8. Clause C.25.4 has hereby been revised (see italics) to the following:

C.25.4 The Provider shall furnish sufficient personnel to perform all work specified within the Contract. Provider employees shall conduct themselves in a proper, efficient, courteous, and businesslike manner. The Provider shall remove from the site any individual whose continued employment is deemed by the Contracting Officer or the COR, to be contrary to the public interest or inconsistent with the best interests of Government business or national security.

Section H

9. Clause H.5.1 is hereby revised as follows:

H.5.1 In the event that either the Contractor or the Government (each a Party or together the Parties) is delayed in, or prevented from, performing or carrying out its obligations under this Contract by reason of any event of Force Majeure, such Party shall promptly notify the other Party and exercise commercially reasonable efforts to mitigate or remediate the impacts of the Force Majeure event, the Party shall be excused from performance hereunder and shall not be liable to the other Party for or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention; provided, however, that the conditions set forth in Section H.5.2 are satisfied.

10. Clause H.5.2 Excused Performance has herby been revised (see italics) to the following:

H.5.2 Excused Performance. Except as otherwise specifically provided in this contract, neither Party shall be considered in breach of this contract or liable for any delay or failure to comply with the contract, if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party claiming relief under Section H.5 shall immediately (a) notify the other Party in writing of the existence of the Force Majeure Event, (b) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (c) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (d) resume performance of its obligations hereunder as soon as practicable thereafter. If Provider claims relief pursuant to a “Force Majeure Event,” the obligation of the Government to make a payments to Provider on any monthly basis shall be suspended until Provider resumes performance of its obligations under this contract at which time the Government’s payment obligation will be reinstated; provided, however, that the Government shall not be excused from making any payments due in respect of electric generation delivered to the Government prior to the Force Majeure Event performance interruption.

SECTION I

11. Clause 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998) has hereby been removed from full text and incorporated into newly added clause I1.20-1, CLAUSES

AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012) .

12. Clause 52.207-99 System for Award Management Registration (FAR AUG 2012) (DEVIATION) has hereby been replaced with clause 52.204-7 -- System for Award Management below:

52.204-7 -- System for Award Management

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

https://www.acquisition.gov/

13. Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS has hereby been revised. This revision has made the following changes to the clause.

The following clauses are hereby added to paragraph (b):

52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) 52.225-1, Buy American--Supplies (May 2014)

Paragraph (f) has been added and includes the following clauses:

52.203-3, Gratuities 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7003, Agency Office of the Inspector General 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.205-7000, Provision of Information to Cooperative Agreement Holders 252.215-7008, Only One Offer 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7012, Preference for Certain Domestic Commodities 252.227-7015, Technical Data–Commercial Items 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.247-7023, Transportation of Supplies by Sea

The following clauses are hereby deleted from paragraph (b):

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

The following clauses are hereby revised:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.219-8, Utilization of Small Business Concerns (Jul 2013) 52.219-9, Small Business Subcontracting Plan (Jul 2013) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) 52.222-54, Employment Eligibility Verification (Aug 2013)

The full text clause has been included below:

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2014)

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (12) 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).

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_X_ (25) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

_X__ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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.]

_X_ (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.).

(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 (Jul 2013) (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.

(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.

(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 (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 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.

(xv) 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.

(f) The following additional provisions and clauses apply to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at https://www.acquisition.gov, the https://www.acquisition.gov/ contracting officer shall consider this information instead of requiring the offeror to complete these provisions for a particular solicitation.

(i) 52.203-3, Gratuities

(ii) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

(iii) 252.203-7003, Agency Office of the Inspector General

(iv) 252.203-7005, Representation Relating to Compensation of Former DoD Officials

(vi) 252.215-7008, Only One Offer

(vii) 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)

(viii) 252.223-7008, Prohibition of Hexavalent Chromium

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

(xii) 252.232-7010, Levies on Contract Payments

(xiii) 252.243-7002, Requests for Equitable Adjustment

(xiv) 252.244-7000, Subcontracts for Commercial Items

(xvi) 252.247-7023, Transportation of Supplies by Sea

14. Clause 252.204-7004 Alternate A, System for Award Management has here by been added.

252.204-7004 Alternate A, System for Award Management

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252215.htm%23252.215-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm%23252.223-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252243.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252247.htm

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database;

and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

15. Clause 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (Nov 2012) has hereby been removed. The incorporated by reference clauses the were previously found under this clause can now be found under 52.212-5 CONTRACT TERMS

AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JAN 2014) paragraph (f). See paragraph 11 above.

16. Clause I820 ELECTRICITY REGULATORY CHANGES (DLA ENERGY JAN 2012) has hereby been removed.

17. Clause I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012) has hereby been added. This clause includes the incorporated by reference clauses that were previously included at the beginning of Section I in previous version of solicitation. In addition, the following clauses have been added or removed:

Added Clauses

FAR 52.246-2 Inspection Of Supply—Fixed Price AUG FAR 52.242-13 Bankruptcy FAR 52.247-34 F.O.B Destination FAR 52.253-1 Computer Generated Forms

Removed Clauses

DLAD 52.215.9023 Reverse Auction NOV 2012 FAR 52.246-4 Inspection Of Services--Fixed Price AUG

Below is a full text version of the newly included clause:

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2012)

(a) This provision incorporates contract clauses and solicitation provisions by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses:

FAR/DFARS: http://farsite.hill.af.mil DLAD: http://www.dla.mil/j-3/j-336

(c) All DLA ENERGY provisions are contained in full text in this document.

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS

AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO

DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS clauses:

(1)

REGULATORYNUMBER PROVISION TITLE

DLAD 52.233-9000 Agency Protests

(2)

REGULATORYNUMBER CLAUSE TITLE

FAR 52.202-1Definitions FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions FAR 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.215-8 Order of Precedence – Uniform Contract Format FAR 52.217-2 Cancellation Under Multiyear Contracts FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-6 Drug-Free Workplace FAR 52.227-1 Authorization and Consent FAR 52.228-5 Insurance - Work On A Government Installation FAR 52.229-3 Federal, State And Local Taxes FAR 52.232-1 Payments FAR 52.232-8 Discounts For Prompt Payment FAR 52.232-11 Extras FAR 52.232-17 Interest FAR 52.232-18 Availability Of Funds FAR 52.232-23 Alt I Assignment of Claims JAN 1986 - Alternate I FAR 52.233-1 Disputes FAR 52.233-2 Service Of Protest FAR 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation FAR 52.241-1 Electric Service Territory Compliance Representation FAR 52.241-5 Contractor’s Facilities FEB 1995 FAR 52.241-11 Multiple Service Locations FEB 1995 FAR 52.242-13 Bankruptcy FAR 52.242-15 Alt I Stop-Work Order AUG 1989 - Alternate I FAR 52.243-1 Changes--Fixed Price AUG 1987 -http://farsite.hill.af.mil/ http://www.dla.mil/j-3/j-336

FAR 52.246-2 Inspection Of Supply—Fixed Price AUG FAR 52.246-20 Warranty of Services May 2001 FAR 52.247-34 F.O.B Destination FAR 52.249-8 Default (Fixed-Price Supply & Service) FAR52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) FAR 52.252-5 Authorized Deviations In Provisions FAR 52.252-6 Authorized Deviations In Clauses FAR 52.253-1 Computer Generated Form

The following Clauses are Incorporated by Reference and apply to the Construction work ONLY

FAR 52.222-5 Davis-Bacon Act – Secondary Site of the Work FAR 52.222-6 Davis-Bacon Act FAR 52.222-7 Withholding of Funds FAR 52.222-8 Payrolls and Basic Records FAR 52.222-9 Apprentices and Trainees FAR 52.222-10 Compliance with Copeland Act Requirements FAR 52.222-11 Subcontracts (Labor Standards) FAR 52.222-12 Contract Termination-Debarment FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regulations FAR 52.222-14 Disputes Concerning Labor Standards FAR 52.222-15 Certification of Eligibility

DFARS CLAUSES INCORPORATED BY REFERENCE

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7000 Disclosure Of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.209-7001 Disclosure of ownership or control by the Government of a Terrorist Country DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DFARS 252.241-7001 Government Access DLAD 52.233-9001 Disputes Agreement to Use Alternative Dispute Resolution (ADR) DLAD 52.247-9012 Requirements for Treatment of Wood Packaging Material (WPM)

18. Paragraph (l)(a)(3) Removal of System at Expiration of Clause I.1.2 52.212-4 (Tailored) Contract Terms and Conditions is hereby revised (see italics) as follows:

(3) Removal of System at Expiration. Upon the expiration or earlier termination of this Contract according to its terms (provided the Government does not exercise its purchase option pursuant to this section), Provider shall, at Provider’s expense, remove all of its tangible property comprising the BGF from the Premises on a mutually convenient date but in no case later than ninety (90) calendar days after the Expiration Date. At the conclusion of the contract, the disassembly and removal of all property and restoration of the site to substantially the same condition that the property was received at commencement of the contract; comply with Federal, State, interstate, DoD, and local laws and regulations pertaining to the environment, including water, air, solid waste, hazardous substances, and waste.

19. Paragraph (p) Limitation of Liability of Clause I.1.2 52.212-4 (Tailored) Contract Terms and Conditions is hereby revised (see italics) as follows:

The Provider shall not be liable for any consequential, special, incidental, punitive, exemplary or indirect damages or other business interruption damages, except to the extent caused by the Provider’s or its agent’s gross negligence or willful misconduct or as otherwise provided for by Federal law.