SP060014R0504_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP0600-14-R-0504

6. SOLICITATION ISSUE DATE

25 October 2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Viki Metzger

b. TELEPHONE NUMBER (no collect calls) (703) 767-9326

8. OFFER DUE DATE/ LOCAL TIME:

Wednesday, 4 December 2013 3:00 p.m. EST

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

FOB DESTINATION

UNLESS BLOCK IS

MARKED

[ ] SEE SCHEDULE

12. DISCOUNT TERMS

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

DLA ENERGY-FESAC

Viki.metzger@dla.mil, Telephone: (703)767-9326

[ ] UNRESTRICTED

[ X ] SET ASIDE: FOR

[ X ] SMALL

BUSINESS

[__] SMALL

DISAV. BUS.

[ ] 8(A)

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

SIC: 562910

SIZE STANDARD: 500 employees

14. METHOD OF SOLICITATION

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

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See DLA Energy Special Contract Provision B-0001-B35

See Block 9

17a. CONTRACTOR/

OFFEROR

BIDDER

CODE

CAGE

CODE

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER

FUELS PAYMENT DIVISION, SERVICES COMMODITY

PO BOX 182317

COLUMBUS, OH 43218-2317

[ ]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 DLA Energy Special Contract Provision B-0001-B35

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

* SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

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

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

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

CONDITIONS SPECIFIED HEREIN.

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

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

CHANGES WHICH ARE SET FORTH HERIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

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

CORRECT FOR

[__] RECEIVED [__]

INSPECTED

[__] ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

PARTIAL FINAL

36. PAYMENT

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

37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT.

REPRESENTATIVE

32c. DATE 38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

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

41b. SIGNATURE AND TITLE OF CERTIFYING

OFFICER

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

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

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

South East Environmental Services

A. This solicitation shall result in two, separate contracts of five-years with a six-month option period. One contract will be awarded for each of the following locations: DFSP Ft. Hood, TX and Hunter Army Airfield, GA.

The Ft. Hood and Hunter AAF locations are each 100% set-aside for small business concerns. Offerors may submit proposals for one or all locations; however, separate proposals must be submitted for each location and each proposal must meet the limitations in Addendum to 52.212-1, INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS.

B. DLA ENERGY–FESAC is the designated office for receipt of offers. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words “Offer Under Solicitation SP0600-13-R-0529.”

Mailed offers should be mailed to the following address:

DLA Energy-FESAC Attn: Bid Custodian 8725 John J. Kingman Road, Suite 2945 Fort Belvoir, VA 22060

C. Pre-proposal conferences will be scheduled for the month of November 2013 (See DLA Energy Special Contract Provision L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009). A Solicitation Amendment will be issued as soon as dates and times are confirmed. Point of contact for the conference will be Viki Metzger, 703-767-9326, viki.metzger@dla.mil.

D. E-mail and facsimile proposals are not authorized; except for the electronic pricing spreadsheets prepared using Attachments 3 to the solicitation, which are to be submitted in addition to the hard copy pricing proposal.

E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions included in this solicitation.

F. See Addendum to 52.212-1: INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS for instructions on how to submit proposals.

G. See 52.212-2 EVALUATION – COMMERICAL ITEMS (JAN 1999) for the evaluation factors.

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

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

mailto:viki.metzger@dla.mil

Table of Contents:

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA

ENERGY MAR 2009)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT – ATTACHMENT 1

SECTION D – PACKAGING AND MARKING

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING

MATERIALS (WPM) (FEB 2007)

SECTION E – INSPECTION AND ACCEPTANCE

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

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

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

ENERGY JUL 2013)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG. 1989)

SECTION G – CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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-0004-G148.06-1 REIMBURSEMENT FOR TRAVEL (DLA ENERGY MAR 2006)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

H0002 H9.02 AUTHORITY TO TAKE DIRECTION (DLA ENERGY FEB 1992)

H0003 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND

SUBCONTRACTORS (DLA ENERGY JAN 2012)

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (Jan 2012)

52.203-3 GRATUITIES (APR 1984)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (May 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (Jul 2013)(ALT A MAY 2013)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (Jan 2013)

52.216-18 ORDERING (OCT 1995)

52.216-21 REQUIREMENTS (Oct 1995)

52.217-8 OPTION TO EXTEND SERVICES (Nov 1999)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (May 2011)

52.223-10 WASTE REDUCTION PROGRAM (May 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL 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 (Feb 2013)

52.232-1 PAYMENTS (Apr. 1984)

52.232-17 INTEREST (Oct 2010)

52.232-25 PROMPT PAYMENT (Oct 2008)

52.233-1 DISPUTES (July 2002)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (Apr 1984)

52.237-3 CONTINUITY OF SERVICES (Jan 1991)

52.242-13 BANKRUPTCY (Jul 1995)

52.243-1 CHANGES -- FIXED PRICE (Aug 1987)

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

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

(APR 2012)

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (Jan 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 40

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (MAY 2013)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR 2012)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

DLAD 52.212-9004 REFERENCE TO UNIFORM CONTRACT FORMAT (UCF) IN

COMMERCIAL ACQUISITIONS (NOV 2011)

I-0001 I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012)

SECTION J – LIST OF ATTACHMENTS

PERFORMANCE WORK STATEMENT –ATTACHMENT 1

52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATION – COMMERCIAL ITEMS . 49

PRICE PROPOSAL WORKSHEETS – ATTACHMENT 3

WAGE DETERMINATIONS – ATTACHMENT 4

PAST PERFORMANCE QUESTIONNAIRE – ATTACHMENT 5

SAMPLE SCENARIO – ATTACHMENT 6

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Feb 2012)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(Aug 2013)(ALTERNATE I)(Apr 2011)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012)

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

TERRORIST COUNTRY (JAN 2009)

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

K-0002 K33.01 – AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY AUG 2012)

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

ADDENDUM TO 52.212-1: INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS

52.237-1 SITE VISIT (APR 1984)

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

(AUG 1999)

DLAD 52.233-9000 AGENCY PROTESTS (NOV 2011)

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

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

L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009)

SECTION M – EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

DLAD 52.215-9023 REVERSE AUCTION (NOV 2012)

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR 2009)

The services to be furnished during the period specified herein:

Non-personal services to perform environmental assessment, remediation, and emergency response on Defense Fuel Support Points (DFSP) Ft. Hood, TX; and Hunter AAF, GA. NOTE: A separate contract will be awarded per location; therefore, DLA Energy shall award two, five-year long-term contracts.

PERIOD OF PERFORMANCE: July 1, 2014 – June 30, 2019

CLIN Reference Number

PSC

Codes

Material Number

Description Quantity* Unit of Measure

Unit Price

0001 0001 to 0125 F112 V20000292 Envr Assessment, Remediation, Response EA $1.00 0002 0126 F112 V20000199 Other Direct Costs EA $1.00 0003 V999 V20000217 Travel (IAW JTR) EA $1.00

*The Quantity will reflect the negotiated dollar value.

The "Pricing Proposal Worksheet" for each location is to be completed by the offeror. The Firm-Fixed Price rates submitted in Attachment 3 "Pricing Proposal Worksheet" will be incorporated into the resultant contract as ceiling rates to be utilized in the preparation of quotes at the Task Order level.

CLIN 0001 reflects all work associated with Environmental Assessment, Environmental Remediation, and Emergency Response in accordance with the attached PWS and DLA Energy issued Task Orders.

CLIN 0002 reflects all Other Direct Costs (ODCs) for Cost Reimbursable services, materials, or supplies IAW the Performance Work Statement. Markup for Overhead and Profit for ODCs will be included on this CLIN.

CLIN 0003 reflects all travel IAW Joint Travel Regulations.

Pricing Reference Numbers: The contractor will use the Reference Number for pricing proposals under this contract.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT – ATTACHMENT 1

SECTION D – PACKAGING AND MARKING

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIALS (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 ALSC approved dunnage stamp.

http://www.alsc.org/

(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.

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

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

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer.

The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

E-0001 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)

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 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 200 1 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 110/120 2 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 ATTN: Quality Manager 3

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 ATTN: Quality Manager 3

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 3

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Commercial Shipping Address:

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

300. DLA Energy Pacific

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

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-6493 4

FAX: 973-17-85-4650 4

[Location: Bahrain]

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.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG. 1989)

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

(1) Cancel the stop-work order; or

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

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

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

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

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

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

SECTION G – CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm https://wawf.eb.mil/ http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

_______ Invoice 2-in-1 (Services only)_____________________

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

________________________Not applicable______________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701

Issue By DoDAAC SPE600

Admin DoDAAC SPE600

Inspect By DoDAAC DoDAAC: SPE600; Extension: ENVR Ship To Code Not applicable

Ship From Code Not applicable

Mark For Code Not applicable

Service Approver (DoDAAC) Not applicable Service Acceptor (DoDAAC) DoDAAC: SPE600; Extension: ENVR

Accept at Other DoDAAC Not applicable

LPO DoDAAC Not applicable

DCAA Auditor DoDAAC Not applicable Other DoDAAC(s) Not applicable

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g.

timesheets) in support of each payment request.

https://wawf.eb.mil/

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

_____________Not applicable_________________________________________________

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

DLA Energy Help Desk, email: bsme.helpdesk@dla.mil Telephone: (800) 446-4950

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

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

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

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

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

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

G-0004-G148.06-1 REIMBURSEMENT FOR TRAVEL (DLA ENERGY MAR 2006)

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

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

(1) Travel, subsistence, and associated labor charges for travel time are authorized for travel beyond a 50-mile radius of the local office(s) designated by the Contractor whenever a contract task order requires work to be accomplished at a temporary alternate work site. No subsistence for travel time shall be charged for work performed within a 50-mile radius of the Contractor's local office. Travel performed for personal convenience and daily travel to and from work at Contractor's facility will not be reimbursed.

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

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

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

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

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

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

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

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

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

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

(4) Alters the period of performance; or

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

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

H0002 H9.02 AUTHORITY TO TAKE DIRECTION (DLA ENERGY FEB 1992)

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

H0003 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA

ENERGY JAN 2012)

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

GENERAL LIABILITY INSURANCE.

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

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

AUTOMOBILE LIABILITY INSURANCE.

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

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

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (Jan 2012)

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

The solicitation, or amended solicitation, provides a different definition;

The contracting parties agree to a different definition;

The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

The word or term is defined in FAR Part 31, for use it the cost principles and procedures.

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

52.203-3 GRATUITIES (APR 1984)

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

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

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

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

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

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

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

http://www.acquisition.gov/far

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

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

(a) Definitions. As used in this clause—

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

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

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Agency and legislative liaison by Contractor employees.

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

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

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

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

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in this paragraph (c)(2), “professional and technical services” are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract,…