13R0501_Final_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600130339;

SP0600130365;

SP0600130340;

SP0600130349;

SP0600130341;

SP0600130352

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-13-R-0501

6. SOLICITATION ISSUE DATE

TBD

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Amanda Musick

b. TELEPHONE NUMBER (no collect calls) Phone: (703) 767-1754 Fax: (703) 767-9338

8. OFFER DUE DATE/LOCAL

TIME

3:00 pm local Ft. Belvoir time/ Date: 12/7/12

9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE 100 % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12. DISCOUNT

TERMS

DLA Energy 8725 John J. Kingman Road, Suite 4950Fort Belvoir, VA 22060-6222 Buyer/Symbol: Amanda Musick/DLA Energy BXA x SMALL BUSINESS

SMALL DISADV BUSINESS

8(A)

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

Phone: (703) 767-1754 Amanda.Musick@dla.mil

NAICS: 493190 13b. RATING

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule

17a. FACILITY

18a. PAYMENT WILL BE MADE BY

CODE

See Clause G-0001 G148.05

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 CLAUSE B0001 B34.01 (SCHEDULE)**

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 ARE ARE NOT

ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE 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 COPY

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: REFERENCE ____________OFFER

DATED____________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING 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)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO.

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

Prescribed by GSAFAR (48 CPR) 53.212 mailto:Amanda.Musick@dla.mil

Section SF 1449 – CONTINUATION SHEET

SOLICITATION NUMBER: SP0600-13-R-0501

DESCRIPTION OF SERVICES:

Providing all technical support, personnel, supervision, equipment, tools, materials and other items and services as required on behalf of DLA-Energy in support of the following Department of Air Force fuel storage facilities:

- BEALE AFB, CA

- TRAVIS AFB, CA

- CANNON AFB, NM

- HOLLOMAN AFB, NM

- DAVIS-MONTHAN AFB, AZ

- LUKE AFB, AZ

** This procurement is 100% Small Business (SB) set-aside utilizing FAR Part 12 procedures. This procurement is restricted to SB under NAICS Code 493190**

ANTICIPATED PERIOD OF PERFORMANCE:

December 01, 2013 through November 30, 2018

SUBMIT OFFERS TO:

Defense Logistics Agency Energy-BXA Attn: OFFER UNDER SOLICITATION SP0600-13-R-0501 8725 John J. Kingman Rd., Suite 4950 Ft. Belvoir, VA 22060-6222 Phone: (703) 767-1754

**Note: Fax and e-mailed offers are not acceptable**

QUESTIONS:

Questions should be submitted via email to AMANDA.MUSICK@DLA.MIL no later than 3:00 pm Ft Belvoir Time/ November 16, 2012.

PLEASE note solicitation number and installation in subject of email.

A. Pricing Required for All Services and Performance Periods

Offerors MUST provide prices for all services required during the performance period. Offerors do not have to offer on all installations to be considered for award.

B. Department of Labor Wage Determination

1. The minimum wage rates and fringe benefits applicable to the period of performance are contained in the following Wage Determination:

LOCATION: BEALE AFB, CA WAGE DETERMINATION: 2005-2055 Rev. 14, Dated: 6/13/2012 LOCATION: TRAVIS AFB, CA WAGE DETERMINATION: 2005-2069 Rev. 12, Dated: 6/13/2012 LOCATION: CANNON AFB, NM WAGE DETERMINATION: 2005-2517 Rev. 16, Dated: 6/13/2012 LOCATION: HOLLOMAN AFB, NM WAGE DETERMINATION: 2005-2511 Rev. 16, Dated: 6/13/2012 LOCATION: DAVIS-MONTHAN AFB, AZ WAGE DETERMINATION: 2012-5156 Rev. 0, Dated: 7/17/2012 LOCATION: LUKE AFB, AZ WAGE DETERMINATION: 2005-2023 Rev. 16, Dated: 6/13/2012

Note: DAVIS- MONTHAN includes union agreement/Wage Determination that covers FDSO and FDSM

These Wage Determinations are attached herein as Attachment II.

C. Pricing of Services

1. The monthly service prices submitted include all direct costs, indirect costs, and profit per installation. Offerors MUST include ALL costs associated with providing the services described herein.

2. The Government SHALL NOT be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

mailto:RICHARD.BROOKS2@DLA.MIL

D. Current contracts

These services are currently being performed under contract SP0600-08-C-5839; any information related to these contracts must be requested via the DLA’s Freedom of Act (FOIA) office:

AF GOCO REGION 3

Contract: SP0600-08-C-5839 FOIA request process available at:

dlaenergy.efoia@dla.mil

Note: All references to Central Contractor Registration (CCR) should be revised to read as System for Award Management (SAM) and refer to www.SAM. gov mailto:dlaenergy.efoia@dla.mil

CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERY FEB 1991)…………………………

SECTION C – DESCRIPTIONS/SPECIFICATIONS (SEE ATTACHMENT I AND II, PERFORMANCE WORK

STATEMENTS (PWS)

SECTION D – PACKING AND MARKING SECTION

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)

SECTION E -INSPECTION AND ACCEPTANCE

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

52.246-5 INSPECTION OF SERVICES-COST REIMBURSEMENT (APR 1984)

52.246-16 RESPONSIBILITY OF SUPPLIES (APR 1984)

E-0001 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011)

E-0002 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

E-0003 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F–DELIVERIES OR PERFORMANCE

52.242-15 STOP WORK ORDER (APR 1984)

SECTION G–CONTRACT ADMINISTRATION DATA

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

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

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999)

G-0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009)

G-0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997)

G-0005 G148.05 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DLA ENERGY MAR 2012)

SECTION H–SPECIAL CONTRACT REQUIREMENTS

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982)

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(DLA ENERGY JAN 2012)

5352.223-9001 AIR FORCE HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

5352.242-9000 AIR FORCE CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007)

SECTION I- CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUL 2004)

I-0001 . I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUN 2009) …………………………………….. 23

52.203-3 GRATUITIES (APR 1984)………………………………………………………………………………………...…….24

52.204-99 SYTEM FOR AWARD MANAGEMENT REGISTRATION (AUGUST 2012))(DEVIATION)…………….…….24

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (FEB 2012)

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

ORDERS – COMMERCIAL ITEMS (MAY 2012)

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

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA MODIFICATIONS

(AUG 2011)……………………………………………………..…………………………………………………..…….36

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA- MODIFICATIONS (OCT 2010)……………….37

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)……………………………………………

52.216-11 COST CONTRACT- NO FEE (APR 1984)……………………………………………………………………………...40

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

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

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

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

52.223-6 DRUG- FREE WORKPLACE (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-19 COMPLIANCE WITH ENVIROMENTAL MANAGEMENT SYSTEMS (MAY 2011)

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)

52.232-1 PAYMENTS (APR 1984)……………………………………………………………………………………………….. 45

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)………………………………………………………………. 45

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)………………………………………………... 45

52.232-11 EXTRAS (APR1984)….…………………………………………………………………………………………………. 45

52.232-17 INTEREST (OCT 2010)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.233-1 DISPUTES (JULY 2002)...……………………………………………..……………………………………………….. 46

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND VEGETATIONS (APR 1984)

52.237-3 CONTINUITY OF SERVICE (JAN 1991)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES – FIXED PRICE (AUG 1987)

52.243-2 CHANGES-COST REIMBURSEMENT (AUG 1987)

52.244-2 SUBCONTRACTS (OCT 2010)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

52.245-1 GOVERNMENT PROPERTY (AUG 2010)

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED OF A TERRORIST COUNTRY

(DEC 2006)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDER APPLICABLE TO DEFENSE ACQUISTIONS OF COMMERCIAL ITEMS (JAN 2012)

252.215-7000 PRICING ADJUSTMENTS (DEC 1991)………………………………………………………………………………59

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

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR 1993). 60

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

I-0002 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

(DLA ENERGY JAN 2012)

1-0003 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012)

I-0004 I119.05 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (GOCO) (AIR FORCE)

(DLA ENERGY JUN 2009)

I-0005 I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX

ADJUSTMENT (DLA ENERGY JAN 2012)…………………………………………………..……………….……

I-0006 I121 CUSTODY OF PETROLEUM PRODUCT (DLA ENERGY APR 1968)

I-0007 I122 USE OF FACILITIES (DLA ENERGY APR 2009)

I-0008 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991)

I-0009 I147 DEMURRAGE (DLA ENERGY NOV 1989)

I-0010 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS…………………66

FORM TITLE LOCATION

PERFORMANCE WORK STATEMENT .......................................................................................... ATTACHMENT I DEPARTMENT OF LABOR WAGE DETERMINATIONS .......................................................... ATTACHMENT II OFFEROR SUBMISSION PACKAGE ........................................................................................... ATTACHMENT III PAST PERFORMANCE QUESTIONARE ..................................................................................... ATTACHMENT IV PAST PERFORMANCE EXPERIENCE FORM ............................................................................. ATTACHMENT V JOINT VENTURE AGREEMENT .................................................................................................. ATTACHMENT VI

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

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

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.209-5 CERTIFICATION REGARDING RESPONSIBILTY MATTERS (APR 2010)…………………………………

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (APR 2012)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011)

52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN -

CERTIFICATION (AUG 2009)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES

RELATING TO IRAN- REPRESATION AND CERTIFICATION (NOV 2011)……………………………………79

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

COUNTRY (JAN 2009)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)………81 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2005)………….. 81

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

252.247-7022 REPREPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG1992)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K-0002 K150 WIDE AREA WORKFLOW (DLA ENERGY AUG 2012)

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)..…………………………………………

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS AND ADDENDUM (FEB 2012)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.237-1 SITE VISIT (APR 1984)

252-204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999)

52.215-9023 RESERVE AUCTION (JUL 2012)…………………………………………………………………………………….. .87

52.233-9000 DLA AGENCY PROTESTS

52.233-9001 DLA DISPUTES:AGREEMENTS TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

L-0002 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)

L-0003 L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DLA ENERGY FEB 2009)

L-0004 L198 PREPROPOSAL CONFERENCE (DLA ENERGY FEB 2009)

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 1001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Section C, Performance Work Statement, and all other terms and conditions set forth herein, for the period December 01, 2013 through November 30, 2018. Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: BEALE AFB, CA

The offered price per month for performing these services at the above location is $ _____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 1001.

LINE ITEM 1002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

(TASK ORDER REQUIRED)

LINE ITEM 1003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 1004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 1005: ENVIRONMENTAL-TERMINAL OPERATIONS NOT TO EXCEED $25,000.00

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN

1004. No additional G&A or profit will be allowed.

FDSO - $____________per hour (Straight time rate)

FDSO - $____________per hour (Overtime rate)

FDSM - $____________per hour (Straight time rate)

FDSM - $____________per hour (Overtime rate)

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) (CONTINUED)

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 2001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period December 01, 2013 through November 30, 2018.

Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: TRAVIS AFB, CA

The offered price per month for performing these services at the above location is $_____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 2001.

LINE ITEM 2002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

(TASK ORDER REQUIRED)

LINE ITEM 2003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 2004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 2005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN 2004. No additional G&A or profit will be allowed.

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 3001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period December 01, 2013 through November 30, 2018.

Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: CANNON AFB, NM

The offered price per month for performing these services at the above location is $_____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 3001.

LINE ITEM 3002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

LINE ITEM 3003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 3004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 3005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN

3004. No additional G&A or profit will be allowed.

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 4001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period December 01, 2013 through November 30, 2018.

Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: HOLLOMAN AFB, NM

The offered price per month for performing these services at the above location is $_____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 4001.

LINE ITEM 4002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

LINE ITEM 4003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 4004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 4005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN 4004. No

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 5001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work

Statement, Section C, and all other terms and conditions set forth herein, for the period December 01, 2013 through November 30, 2018.

Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: DAVIS-MONTHAN AFB, AZ

The offered price per month for performing these services at the above location is $_____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 5001.

LINE ITEM 5002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

LINE ITEM 5003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 5004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 5005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(TASK ORDER REQUIRED)

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN

5004. No additional G&A or profit will be allowed.

(a) The services to be furnished during the period specified herein and the unit prices are as follows:

LINE ITEM 6001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work

Statement, Section C, and all other terms and conditions set forth herein, for the period December 1, 2013 through November 30, 2018.

Offerors do not have to offer on all installations to be considered for award.

PLACE OF PERFORMANCE: LUKE AFB, AZ

The offered price per month for performing these services at the above location is $_____________________

(PRORATED FOR PART MONTHS)

(b) The following line items are cost reimbursable line items under which the Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer or Contracting Officer’s Representative. The "NOT TO EXCEED" amounts shown below represent the Government's estimate of the five-year costs for reimbursable supplies, services, and overtime. All general and administrative (G&A) and profit for the following line items must be included in Line Item 6001.

LINE ITEM 6002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

(TASK ORDER REQUIRED)

LINE ITEM 6003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED)

LINE ITEM 6004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED)

LINE ITEM 6005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(c) OVERTIME RATES. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN 6004. No

SECTION C – DESCRIPTIONS/SPECIFICATIONS

See Attachment I , Performance Work Statements (PWS)

SECTION D – PACKING AND MARKING SECTION

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract. and/or when WPM is being acquired under this contract.”

(b) Definition.

Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, “Guidelines for Regulating Wood Packaging Materials in International Trade.” DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

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

52.246-5 INSPECTION OF SERVICES-COST REIMBURSEMENT (APR 1984)

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

http://www.alsc.org/

CONT’D 52.246-5

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

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

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

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

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

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

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

(2) Terminate the contract for default.

52.246-16 RESPONSIBILITY OF SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon --

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

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

E-0001 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011) The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110

E-0001 E22 Cont’d

Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2001 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1202 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

[1] Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

[2] The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East 3 ATTN: Quality Manager Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DLA Energy Americas West 3 ATTN: Quality Manager 3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

E-0001 E22 Cont’d

FAX: (310) 241-2836

200. DLA Energy Europe 3 Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany] Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Shipping Address:

DLA Energy Petroleum Lab ATTN: Quality Manager Rhine Ordinance Barracks , Bldg 320 Am Opelkreisel 67663 Kaiserslautern, Germany

300. DLA Energy Pacific 3 ATTN: Quality Manager 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East 3 ATTN: Quality Manager PSC 451, Box DLA Energy-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain] Phone: 973-17-85-4658/4665 4

FAX: 973-17-85-4670 4

[3] Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

[4] Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E-0002 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

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

E-0003 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

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).

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

E-0003 CONT’D

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 contract provision 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 or contract provision 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 contract provision 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 contract provision, 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.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (APR 1984)

(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

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

(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,…