13-R-0502_-_AFGOCO_SOLICITATION_Final_Version.pdf

PDF 733 KB Posted Oct 25, 2012

Attached to: Operation and Maintenance of AF Fuel Facilities - SP0600-13-R0502
Solicitation number: SP060013R0502
Issued by: Defense Logistics Agency Energy

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File	Type	Posted
Amendment_0003_to_SP0600-13-R-0502.pdf	PDF	Nov 26, 2012
Reverse_Auction_Letter_and_Seller's_Guide.pdf	PDF	Nov 19, 2012
Amendment_0002_to_SP0600-13-R-0502.pdf	PDF	Nov 19, 2012
Amendment_0001_to_SP0600-13-R-0502_FINAL_VERSION.pdf	PDF	Nov 14, 2012
Attachment_III_-_Offer_Submission_Package_Resived_FINAL_with_Cover_Sheet_-_13-R-0502_Clauses_for_AF_GOCO_WA _UT _ND _SD _ID _and_NV.pdf	PDF	Nov 14, 2012
Attachment_I_-_Air_Force_Bulk_Storage_Resolicitation_PWS_Revised_FINAL_dated_9-27-12.pdf	PDF	Nov 14, 2012
Attachment_VI_-_Join_Venture_Agreement_Consent_Letter.pdf	PDF	Oct 25, 2012
Attachment_V_-_Past_Performance_Questionnaire.pdf	PDF	Oct 25, 2012
Attachment_IV_-_Past_Performance_Experience_Form.pdf	PDF	Oct 25, 2012
Attachment_III_-_Offer_Submission_Package_Clauses_-_13-R-0502_for_AF_GOCO_WA _UT _ND _SD _ID _and_NV.pdf	PDF	Oct 25, 2012
WD_2005-2531_Rev._12_Rev._Date_06-13-2012_Statewide_for_Hill_AFB_UT.pdf	PDF	Oct 25, 2012
WD_2005-2331_Rev._12_Rev._Date_06-13-2012_Clark_County_for_Nellis_AFB_NV.pdf	PDF	Oct 25, 2012
WD_2005-2567_Rev._16_Rev._Date_06-13-2012_Pierce_County_for_McChord_AFB_WA.pdf	PDF	Oct 25, 2012
WD_2005-2485_Rev._11_Rev._Date_06-13-2012_Meade_County_for_Ellsworth_AFB_SD.pdf	PDF	Oct 25, 2012
Attachment_II_-_DOL_WDs.pdf	PDF	Oct 25, 2012
WD_2005-2407_Rev._12_Rev._Date_06-13-2012_Statewide_for_Minot_AFB_and_Grand_Forks_AFB_ND.pdf	PDF	Oct 25, 2012
WD_2005-2565_Rev._12_Rev_Date_06-13-2012_Spokane_County_for_Fairchild_AFB_WA.pdf	PDF	Oct 25, 2012
WD_2005-2159_Rev._13_Rev._Date_06-13-2012_Elmore_County_for_Mt._Home_AFB_ID.pdf	PDF	Oct 25, 2012
Attachment_I_-_Air_Force_Bulk_Storage_Resolicitation_PWS_FINAL_for_13-R-0502.pdf	PDF	Oct 25, 2012

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

SP0600-13-0345;

SP0600-13-0346;

SP0600-13-0347;

SP0600-13-0348;

SP0600-13-0355;

SP0600-13-0357;

SP0600-13-0358;

SP0600-13-0369

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SP0600-13-R-0502

6. SOLICITATION ISSUE DATE

October 25, 2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Vicki Hahn

b. TELEPHONE NUMBER (no collect calls) Phone: (703) 767-6494 Fax: (703) 767-9338

8. OFFER DUE DATE/LOCAL

TIME

3:00 pm local Ft. Belvoir time/ Date: November 29, 2012

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 4950

SMALL BUSINESS

SVC-DISABLED VET-

OWNDED SB

MARKED

SEE SCHEDULE

Fort Belvoir, VA 22060-6222 Buyer/Symbol: Vicki Hahn / DLA Energy BXA

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

UNDER DPAS (15 CFR 700)

Phone: (703) 767-6494 Vicki.Hahn@dla.mil

NAICS: 493190 13b. RATING

SIZE STANDARD: $25.5M 14. METHOD OF SOLICITATION

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 B-0001 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

Section SF 1449 – CONTINUATION SHEET

SOLICITATION NUMBER: SP0600-13-R-0502

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:

- Ellsworth AFB, SD

- Fairchild AFB, WA

- Grand Forks AFB, ND

- Hill AFB, UT

- McChord AFB, WA

- Minot AFB, ND

- Mountain Home AFB, ID

- Nellis AFB, NV

(Note: Separate awards will be issued as a result of this solicitation)

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

ANTICIPATED PERIOD OF PERFORMANCE:

September 1, 2013 through August 31, 2018

SUBMIT OFFERS TO:

Defense Logistics Agency Energy-BXA Attn: OFFER UNDER SOLICITATION SP0600-13-R-0502 8725 John J. Kingman Rd., Suite 4950 Ft. Belvoir, VA 22060-6222 Phone: (703) 767-6494

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

QUESTIONS:

Questions should be submitted via email to VICKI.HAHN@DLA.MIL no later than 3:00 pm Ft Belvoir Time / October 31, 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 Determinations

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

LOCATION: ELLSWORTH AFB, SD WD: 2005-2485 Rev. 11, Dated: 6/13/2012 LOCATION: FAIRCHILD AFB, WA WD: 2005-2565 Rev. 12, Dated: 6/13/2012 LOCATION: GRAND FORKS AFB AND MINOT AFB, ND WD: 2005-2407 Rev. 12, Dated: 6/13/2012 LOCATION: HILL AFB, UT WD: 2005-2531 Rev. 12, Dated: 6/13/2012 LOCATION: McCHORD AFB, WA WD: 2005-2567 Rev. 16, Dated: 6/13/2012 LOCATION: MOUNTAIN HOME AFB, ID WD: 2005-2159 Rev. 13, Dated: 6/13/2012 LOCATION: NELLIS AFB, NV WD: 2005-2331 Rev. 12, Dated: 6/13/2012

These Wage Determinations are attached herein as Attachment II.

mailto:JAMES.CLOUGH@DLA.MIL

C. Pricing of Services

1. The prices submitted must be inclusive of 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.

D. Current contracts

These services are currently being performed under contract; 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 Nellis AFB, NV FOIA request process available at dlaenergy.efoia@dla.mil

AF GOCO REGION 4

Contract: SP0600-08-C-5837 Ellsworth AFB, SD Fairchild AFB, WA McChord AFB, WA Minot AFB, ND Mountain Home AFB, ID FOIA request process available at dlaenergy.efoia@dla.mil

GRAND FORKS AFB GOCO

Contract: SP0600-08-C-5836 FOIA request process available at dlaenergy.efoia@dla.mil

HILL AFB GOCO

Contract: SP0600-08-C-5841 FOIA request process available at dlaenergy.efoia@dla.mil

Note: All references to the Central Contractor Registration (CCR) database are to be revised to read as System for Award Management (SAM) and refer to https://www.sam.gov/.

mailto:dlaenergy.efoia@dla.mil mailto:dlaenergy.efoia@dla.mil https://www.sam.gov/

CLAUSE INDEX

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 10

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

SEE ATTACHMENT I

SECTION D – PACKAGING AND MARKING

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) 18

52.246-5 INSPECTION OF SERVICES-COST REIMBURSEMENT (APR 1984) 19

52.246-16 RESPONSIBILITY OF SUPPLIES (APR 1984) 19

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) 22

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

2011)

SECTION F – DELIVERIES AND PERFORMANCE

52.242-15 STOP WORK ORDER (APR 1984) 23

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) 25

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 25

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY DEC 1999)

SECTION G - CONTRACT ADMINISTRATION DATA - (Cont’d)

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 REQUIREMENT

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 28

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS (DLA ENERGY JAN 2012)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997) 28

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007) 29

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUL 2004) 29

I-0001 I1.01-4 DEFINITIONS (CONT’D)(STORAGE)(DESC JUNE 2009) 29

52.203-3 GRATUITIES (APR 1984) 30

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (August 2012)

(DEVIATION)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) 33

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUL 2012)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA-

MODIFICATIONS (OCT 2010)

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011) 49

52.216-11 COST CONTRACT- NO FEE (APR 1984) 54

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 54

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR

2009)

SECTION I – CONTRACT CLAUSES (Cont’d)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) 55

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 55

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) 55

52.223-5 POLLUTION PREVENTATION AND RIGHT- TO-KNOW INFORMATION

(AUG 2003)

52.223-6 DRUG- FREE WORKPLACE (MAY 2001) 58

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) 59

52.223-19 COMPLIANCE WITH ENVIROMENTAL MANAGEMENT SYSTEMS (MAY

2011)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 59

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 60

52.229-3 FEDERAL, STATE AND LOCAL TAXES (APR 2003) 60

52.232-1 PAYMENTS (APR 1984) 61

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 61

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) 61

52.232-11 EXTRAS (APR 1984) 61

52.232-17 INSTEREST (OCT 2010) 62

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 62

52.233-1 DISPUTES (JUL 2002) 63

52.233-3 PROTEST AFTER AWARD (AUG 1996) 64

52.233-4 APPLICABLE LAW OF BREACH OF CONTRACT CLAIM (OCT 2004) 64

52.237-2 PROTECTION OF GOVERNMENT BUILDING, EQUIPMENT, AND

VEGETATIONS (APR 1984)

52.237-3 CONTINUITY OF SERVICE (JAN 1991) 64

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) 65

52.242-13 BANKRUPTCY (JUL 1995) 65

52.243-1 CHANGES – FIXED PRICE (AUG 1987) 65

52.243-2 CHANGES-COST REIMBURSEMENT (AUG 1987) 66

52.244-2 SUBCONTRACTS (OCT 2010) 66

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996) 68

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010) 68

SECTION I – CONTRACT CLAUSES (Cont’d)

52.245-1 GOVERNMENT PROPERTY (AUG 2010) 69

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997) 79

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 79

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 79

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JAN 2009)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991) 80

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 ORDERS APPLICABLE TO DEFENSE

ACQUISTIONS OF COMMERCIAL ITEMS (JUN 2012)

252.215-7000 PRICING ADJUSTMENTS (DEC 1991) 83

252.223-7004 DRUG- FREE WORK FORCE (SEP 1988) 83

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND

HAZARDOUS MATERIALS (APR 1993)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 85

I-0002 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS (DLA ENERGY JAN 2012)

I-0003 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 85

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) 89

I-0007 I122 USE OF FACILITIES (DLA ENERGY APR 2009) 90

I-0008 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991) 90

I-0009 I147 DEMURRAGE (DLA ENERGY NOV 1989) 90

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

2012)

SECTION J – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

FORM TITLE LOCATION

SF1449 SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS

PERFORMANCE WORK STATEMENT (PWS) ATTACHMENT I

DEPARTMENT OF LABOR WAGE

DETERMINATIONS

(TO INCLUDE THE FOLLOWING LOCATIONS):

ATTACHMENT II

ELLSWORTH AFB, SD WD: 2005-2485 Rev. 11, Dated: 6/13/2012 FAIRCHILD AFB, WA WD: 2005-2565 Rev. 12, Dated: 6/13/2012 GRAND FORKS AFB, ND WD: 2005-2407 Rev. 12, Dated: 6/13/2012 MINOT AFB, ND WD: 2005-2407 Rev. 12, Dated: 6/13/2012 HILL AFB, UT WD: 2005-2531 Rev. 12, Dated: 6/13/2012 McCHORD AFB, WA WD: 2005-2567 Rev. 16, Dated: 6/13/2012 MOUNTAIN HOME AFB, ID WD: 2005-2159 Rev. 13, Dated: 6/13/2012 NELLIS AFB, NV WD: 2005-2331 Rev. 12, Dated: 6/13/2012

OFFEROR SUBMISSION PACKAGE ATTACHMENT III

PAST PERFORMANCE EXPERIENCE FORM ATTACHMENT IV

PAST PERFORMANCE QUESTIONNAIRE ATTACHMENT V

JOINT VENTURE AGREEMENT ATTACHMENT VI

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

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 91

52.203-11 CERTIFICATION AND DISCLOUSRE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.212-3 OFFEROR REPRESENTATIONS AND CERIFICATIONS-COMMERCIAL

ITEMS (APR 2012)

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—REPRESENTATION AND

CERTIFICATION (NOV 2011)

252.209-7001 DISCLOUSRE 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)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS (Cont’d)

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JUN 2005)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 110

252.247-7022 REREPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG

1992)

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 111

K-0002 K150 WIDE AREA WORKFLOW (DLA ENERGY AUG 2011) 111

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 112

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS (FEB 2012) 112

ADDENDUM TO FAR 52.212-1 (GOCO) (DLA ENERGY NOV 2010) 115

52.215-9023 REVERSE AUCTION (JUL 2012) 117

52.216-1 TYPE OF CONTRACT (APR 1984) 118

52.233-2 SERVICE OF PROTEST (SEP 2006) 118

52.237-1 SITE VISIT (APR 1984) 118

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

(AUG 1999)

52.233-9000 (DLA) AGENCY PROTESTS 119

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

RESOLUTION (ADR)

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 119

L-0002 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 119

L-0003 L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DLA ENERGY FEB 2009) 119

L-0004 L198 PREPROPOSAL CONFERENCE (DLA ENERGY FEB 2009) 120

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999) 120

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 (DESC 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 September 1, 2013 through August 31, 2018.

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

PLACE OF PERFORMANCE: ELLSWORTH AFB, SD

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 non-personal 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 of reimbursable supplies, services, and overtime for each contract year for at all locations. 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 IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 1005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

(c) OVERTIME RATES. The following fully-loaded 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); $____________ per hour (Overtime rate)

FDSM: $____________ per hour (Straight time rate); $____________ per hour (Overtime rate)

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC 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 September 1, 2013 through August 31, 2018.

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

PLACE OF PERFORMANCE: FAIRCHILD AFB, WA

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

(PRORATED FOR PART MONTHS)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

(b) 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)

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

PLACE OF PERFORMANCE: GRAND FORKS AFB, ND

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

(PRORATED FOR PART MONTHS)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

(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)

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

PLACE OF PERFORMANCE: HILL AFB, UT

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

(PRORATED FOR PART MONTHS)

LINE ITEM 4002: MAINTENANCE AND REPAIR NOT TO EXCEED $60,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

(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)

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

PLACE OF PERFORMANCE: McCHORD AFB, WA

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

(PRORATED FOR PART MONTHS)

LINE ITEM 5002: MAINTENANCE AND REPAIR NOT TO EXCEED $100,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

(b) 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)

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

PLACE OF PERFORMANCE: MINOT AFB, ND

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

(PRORATED FOR PART MONTHS)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

LINE ITEM 7001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

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

PLACE OF PERFORMANCE: MOUNTAIN HOME AFB, ID

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

(PRORATED FOR PART MONTHS)

LINE ITEM 7002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 7003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 7004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 7005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

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

LINE ITEM 8001: NONPERSONAL SERVICES: (FIRM-FIXED PRICE)

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

PLACE OF PERFORMANCE: NELLIS AFB, NV

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

(PRORATED FOR PART MONTHS)

LINE ITEM 8002: MAINTENANCE AND REPAIR NOT TO EXCEED $110,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 8003: EMERGENCY SERVICES NOT TO EXCEED $50,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 8004: OVERTIME NOT TO EXCEED $15,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

LINE ITEM 8005: EMERGENCY SPILL RESPONSE NOT TO EXCEED $25,000.00

(TASK ORDER REQUIRED IF $3,000.00 OR OVER)

SECTION C – DESCRIPTIONS/SPECIFICATIONS

See ATTACHMENT I, Performance Work Statement (PWS)

SECTION D – PACKAGING AND MARKING

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.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

(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 clause 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 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).

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

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

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

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 OCT 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 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.

(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.

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