SPE600-16-C-5015_-_FINAL_Redacted.pdf

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A. Contractor's initial offer dated November 16, 2015, Revised Offer dated March 30, 2016, and Final Proposal Revision dated June 10, 2016, contractor's representations/certifications including those completed in SAM, and solicitation SPE600-15-R-0518 with amendments 0001 through 0007 to operate and maintain Government fixed fuel facilities, aircraft and ship aviation fuel services including alongside aircraft fuel delivery and related services and ground vehicle fuel services at NAS Key West, FL are hereby accepted and incorporated by reference into this contract.

B. Period of Performance: Base period: January 01, 2017 through December 31, 2020. Option Period: January 01, 2021 through December 31, 2025.

Award price of $6,935,098.08 is for 48-month base period.

C. Data Monitor Systems, Inc. took no exceptions to the terms and conditions of the solicitation and the Performance Work Statement.

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Description File Name ATTACH.Attachment I - Performance Work Statement

Key West PWS

ATTACH.SF1449 -

Continuation Page

Key West 1449 Continua

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Table of Contents

STANDARD FORM 1449 BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 2009)

SECTION C - SPECIFICATIONS/SOW/SOO/ORD/PWS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

G-0001 G3 Invoice Numbering Requirements (DLA Energy AUG 1998)

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

1999)

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

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

SECTION I CONTRACT CLAUSES

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS.

(JUN 2005)

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

252-209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-

FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(TAILORED) (BULK SERVICES) (OCT 2014)

STANDARD FORM 1449 BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

DMS offer dated on March 30, 2016 and revised on June 10, 2016 in response to RFP SPE600-15-R-0518 with Amendments 0001-0007 to provide alongside aircraft fuel delivery and related fuel storage services at NAS Key West, FL is accepted and incorporated by reference into this contract.

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001 B30 SERVICES TO BE FURNISHED (AARD) (DLA ENERGY FEB 2009)

The Contractor shall provide Fuel Management Services at NAS Key West, FL, to include alongside aircraft fuel delivery, fuel storage, and related services in accordance with the Performance Work Statement (PWS), and all applicable regulations.

BASE PERIOD – January 1, 2017 through December 31, 2020 OPTION PERIOD - January 1, 2021 through December 31, 2025

DESCRIPTION OF SERVICES

CLIN 0001 Alongside Aircraft Refueling (V2000042)

January 1, 2017 through December 31, 2017 The offered price per month is $ 144,481.21 (Pro-rated for part months)

CLIN 0002 Alongside Aircraft Refueling (V2000042)

January 1, 2018 through December 31, 2018 The offered price per month is $ 144,481.21 (Pro-rated for part months)

CLIN 0003 Alongside Aircraft Refueling (V2000042)

January 1, 2019 through December 31, 2019 The offered price per month is $ 144,481.21 (Pro-rated for part months)

CLIN 0004 Alongside Aircraft Refueling (V2000042)

January 1, 2020 through December 31, 2020 The offered price per month is $144,481.21 (Pro-rated for part months)

52.217-8 Option Period

CLIN XXXX Alongside Aircraft Refueling (V2000042)

January 1, 2026 through June 30, 2026 The offered price per month is $ 136,772.52 (Pro-rated for part months)

SECTION C - SPECIFICATIONS/SOW/SOO/ORD/PWS

PERFORMANCE WORK STATEMENT ATTACHMENT I

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

(a) Method of payment.

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

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

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

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

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.

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

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

(e) Liability for uncompleted or erroneous transfers.

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

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

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

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

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

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

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

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

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

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.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(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 Central Contractor Registration 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.

(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)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N/A http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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: SE5N06;

EXTENSION: REFUEL

Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SPE600 – REFUEL Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) 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.

(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

(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, 800-446-4950

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988 mailto:bsme.helpdesk@dla.mil

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): DATA MONITOR SYSTEMS, INC.

(b) Check Remittance Address: 9070 HARMONY DRIVE, SUITE A

MIDWEST CITY, OK 73130-5216

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

The Property Administrator for product handled under the terms of the contract will be designated by the Director, Defense Logistics Agency Energy (DLA Energy).

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

(a) The Defense Fuel Region to which reference is made herein is the—DLA Energy East

(b) The Defense Fuel Office to which reference is made herein is the—DLA Energy East

(c) The Commander of the Defense Fuel Region or his designee, appointed above, is the authorized representative of the Commander, Defense Logistics Agency Energy (DLA Energy).

SECTION I CONTRACT CLAUSES

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS. (JUN 2005)

(a) Definitions. As used in this clause—

(1) “Foreign person” means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).

(2) “United States” means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.

(3) “United States person” is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

(b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it—

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.

(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).

(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(2) Representation. The Offeror represents that it— ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

X_________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [X] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

252-209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-OO0009) (FEB 2014)

(a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [x] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [x] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract 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) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

https://www.acquisition.gov/

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract

ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (TAILORED) (BULK SERVICES) (OCT 2014)

Paragraph (c) of FAR 52.212-4 is deleted and replaced with FAR 52.243-1 CHANGES-FIXED PRICE w/ALTERNATE I

NAS Key West, FL

PERFORMANCE WORK STATEMENT (PWS)

for

AIRCRAFT/GROUND FUEL SERVICES

and

FUEL STORAGE AND DISTRIBUTION

27 October 2015

ATTACHMENT I - PERFORMANCE WORK STATEMENT (PWS)

Table of Contents C-1.0 Description of Services

C-1.1 General C-1.2 Contract Performance

C-1.2.1 Quality Monitoring and Evaluation C-1.3 Background C-1.4 Detailed Plans

C-1.4.1 Contract Compliance Plan C-1.4.2 Product Quality Control Plan C-1.4.3 Environmental Protection Plan C-1.4.4 Contract Contingency Plan C-1.4.5 Maintenance Plan C-1.4.6 Operations and Staffing Plan C-1.4.7 Safety Plan C-1.4.8 Security Plan C-1.4.9 Training Plan C-1.4.10 Equipment Provisioning Plan

C-1.5 Contract Turnover C-1.6 Personnel Staffing Objectives

C-1.6.1 General C-1.6.2 Knowledge and Skills C-1.6.3 Employment Standards C-1.6.4 Essential Personnel C-1.6.4.1 Corporate Executive Officer C-1.6.4.2 Terminal Manager (TM) C-1.6.4.2.1 Required DLA Energy TM Training C-1.6.4.2.2 Collateral Duties C-1.6.4.3 Assistant Terminal Manager (ATM) C-1.6.4.3.1 Collateral Duties C-1.6.4.4 Replacement of Essential Personnel C-1.6.4.5 Resumes C-1.6.5 Service Personnel C-1.6.5.1 Fuel Accounting C-1.6.5.1.1 BSM-E Training C-1.6.5.2 Fuels Dispatching C-1.6.5.3 Fuel Servicing and Delivery Operations C-1.6.5.3.1 Licensing C-1.6.5.4 Fuel Distribution Systems Maintenance C-1.6.5.5 Fuel Distribution System Operation C-1.6.5.6 Fuel Quality Surveillance Operations C-1.6.6 Labor Reporting C-1.6.6.1 Reporting Inputs

C.1.7 Operating Hours C-1.7.1 Hours of Operation C-1.7.1.1 Fleet Replacement Squadron Deployments

C-1.8 Reserve Training C-1.9 Correspondence and Visits C-1.10 Information and Records Management

C-1.10.1 General C-1.10.2 Proprietary Systems

C-2.0 Performance Requirements C-2.1 General C-2.2 Services

C-2.2.1 Aircraft and Ship Fuel Services C-2.2.1.1 Response Time [see glossary for definition] C-2.2.1.2 Dispatching C-2.2.1.3 After Hours Response C-2.2.1.4 Mobile Fuel Servicing C-2.2.1.5 Off Station Operations C-2.2.1.5.1 DLA Energy DFSP Support C-2.2.1.6 Jet Fuel Defuel Services

C-2.2.2 Ground Fuel Services C-2.2.2.1 General C-2.2.2.2 Equipment C-2.2.2.3 Delivery C-2.2.2.4 Off Station Operations

C-2.2.3 Bulk Storage Operations C-2.2.3.1 General C-2.2.3.2 Storage C-2.2.3.3 Receipt C-2.2.3.4 Transfers/Issues C-2.2.3.5 Transfers to Refuelers

C-2.2.4 Used Oil Handling C-2.2.4.1 General C-2.2.4.2 Equipment C-2.2.4.3 Collection C-2.2.4.4 Testing C-2.2.4.5 Off Station Operations C-2.2.4.6 Documentation

C-2.2.5 Used Oil (Fuel) Truck C-2.2.5.1 Cargo Tank(s) C-2.2.5.2 Overfill Protection C-2.2.5.3 Low Point Drain(s) C-2.2.5.4 Piping C-2.2.5.5 Bottom Loading Connection(s) C-2.2.5.6 Defueling C-2.2.5.7 Performance C-2.2.5.8 Hose(s) C-2.2.5.9 Hose End Fittings C-2.2.5.10 Hose Storage

C-2.2.5.11 Nozzle(s) C-2.2.5.12 Swivels and Hose Couplings

C-2.2.6 Recyclable and Recoverable Fuels C-2.2.6.1 General

C-2.2.7 Maintenance and Repair C-2.2.7.1 General C-2.2.7.3 Maintenance Records

C-2.3 General Management and Administrative C-2.3.1 Inventory and Accounting (BSM-E/EBS)

C-2.3.2 Product Quality Surveillance C-2.3.2.1 Responsibilities C-2.3.2.2 Quality Determination C-2.3.2.3 Laboratory Operation

C-2.3.3 Facilities and Grounds Maintenance C-2.3.3.1 Buildings and Structure C-2.3.3.2 Designated Areas C-2.3.3.3 Trash Removal C-2.3.3.4 Grounds C-2.3.3.5 Oil Water Separators

C-2.3.4 Security C-2.3.4.1 General C-2.3.4.2 ADP Security

C-2.3.5 Training C-2.3.5.1 Training

C-2.3.6 Environmental C-2.3.6.1 General C-2.3.6.2 Assignments C-2.3.6.3 HAZWOPER Training C-2.3.6.4 Spill Reporting C-2.3.6.5 Spill Response C-2.3.6.6 Spill Response Supplies

C-2.3.6.7 CHRIMP

C-2.3.7 Safety C-2.3.7.1 General C-2.3.7.2 Accident/Incident Reporting C-2.3.7.3 Hearing Conservation C-2.3.7.4 General C-2.3.7.5 Lock Out/Tag Out/Requirements for Mechanical Systems C-2.3.7.6 Static Resistant Clothing C-2.3.7.7 Electrical

C-2.3.8 Property Inventory and Accountability C-2.3.8.1 Joint Inventory C-2.3.8.2 Disposition of Government Property C-2.3.8.3 Annual Property Inventory

C-2.3.9 Use of Government Facilities

C-2.3.9.1 General C-2.3.9.2 Parking

C-2.4 Contractor Furnished Equipment C-2.4.1 Vehicles C-2.4.1.1 General C-2.4.1.2 Condition of Vehicles and Equipment C-2.4.1.3 Modification/Overhaul/Replacement of Vehicles and Equipment C-2.4.1.4 Airfield Refueling/Defueling and other Mobile Equipment C-2.4.1.5 Records C-2.4.1.6 Disposition of Equipment C-2.4.1.7 Equipment Storage

C-2.4.2 Prime Mover, Trucks and Tractors C-2.4.2.1 General C-2.4.2.2 Radios C-2.4.2.3 Fenders and Mudguards C-2.4.2.4 Company Logo C-2.4.2.5 Spill Remediation Kits C-2.4.2.6 Spot Light

C-2.4.3 Refuelers/Defueler C-2.4.3.1 General C-2.4.3.2 Cargo Tank Capacity C-2.4.3.2.1 Ship Refueler Vehicles C-2.4.3.2.2 Defueler and Tank Capacity C-2.4.3.3 Overfill Protection C-2.4.3.4 Defueling C-2.4.3.5 Flow Control C-2.4.3.6 Pump Performance C-2.4.3.7 Hoses C-2.4.3.7.1 Additional Hoses C-2.4.3.8 Hose Storage C-2.4.3.8.1 Additional Hose Storage C-2.4.3.9 Meter C-2.4.3.10 Nozzle(s) C-2.4.3.11 Swivels and Hose Couplings C-2.4.3.11.1 Camlock Fittings and Hose couplings C-2.4.3.12 Deadman Controls C-2.4.3.13 Static Bonding Cables

C-2.4.4 Ground Fuel Delivery Trucks C-2.4.4.1 General C-2.4.4.2 Cargo Tank(s) C-2.4.4.3 Overfill Protection C-2.4.4.4 Low Point Drain(s) C-2.4.4.5 Piping C-2.4.4.6 Bottom Loading Connection(s) C-2.4.4.7 Defueling

C-2.4.4.8 Performance C-2.4.4.9 Meters C-2.4.4.10 Automated Data Collection (Scanners) C-2.4.4.11 Hose(s) C-2.4.4.12 Hose End Fittings C-2.4.4.13 Hose Storage C-2.4.4.14 Nozzle(s) C-2.4.4.15 Swivels and Hose Couplings

C-2.4.5 Utility Vehicles C-2.4.5.1 General C-2.4.5.2 Spill Kit

C-2.4.6 Other Contractor Provided Equipment and Supplies C-2.4.6.1 General C-2.4.6.2 Telephone Services C-2.4.6.3 Administrative Supplies and Equipment C-2.4.6.4 Fuel Products used by Contractor C-2.4.6.5 Janitorial/Housekeeping Supplies, Equipment, and Services C-2.4.6.6 Tools C-2.4.6.7 Spares for Contractor Furnished Equipment

Table 1 – Recommended Spares C-2.4.6.8 Specification/Standards C-2.4.6.9 Consumables and Expendables C-2.4.6.10 Grounds Maintenance Equipment and Supplies C-2.4.6.11 Computer Hardware and Software

C-2.4.7 Uniforms and Protective Equipment C-2.4.7.1 General C-2.4.7.2 Uniforms C-2.4.7.3 Safety Equipment

C-3.0 Facilities Maintenance C-3.1 General C-3.2 Contractor Maintenance Personnel Qualifications C-3.3 Sub-contractor Personnel Qualifications C-3.4 Description of Enhanced Recurring Maintenance Tasks C-3.4.1 Enhanced Recurring Maintenance

C-3.4.1.1 Centrally Managed Programs C-3.4.1.2 Inspection and Scheduled Maintenance C-3.5 Repairs

C-3.6 Maintenance Documentation C-3.6.1 Maintenance Database Requirement C-3.6.2 Site Map and Petroleum System Schematic C-3.6.3 Site Specific Requirements C-3.6.4 Verification/Inspection of Government Furnished Equipment/Facilities C-3.6.5 Technical Library

Appendix A – NAS Key West Facility Specific Information Appendix B – Definitions, Acronyms, and Abbreviations

Appendix C – Reference Documents Appendix D - Common Access Card (CAC) Procedures Appendix E – EBS Real Property List Appendix F – Groundskeeping Map

C-1.0 Description of Services

C-1.1 General The Contractor shall provide fuel services in support of Naval Air Station (NAS) Key West (Boca Chica Field), FL; NAS Key West- Trumbo Point; and NAS Key West-Truman Annex, a group of installations and functional areas, hereafter referred to as NAS Key West.