Norfolk_Solicitation_Revised_1.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSAFAR (48 CPR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

52543779

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SPE600-14-R-0510

6. SOLICITATION ISSUE DATE

July 30, 2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Adams, Heather M.I.

b. TELEPHONE NUMBER (no collect calls) Phone: (703) 767-8397 Fax: (703) 767-9338

8. OFFER DUE DATE/LOCAL

TIME

3:00 pm local Ft. Belvoir time/ Date: September 8, 2014

9. ISSUED BY CODE SPE600 10. THIS ACQUISITION IS

x UNRESTRICTED

SET ASIDE 100 % FOR

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

12. DISCOUNT

TERMS

DLA Energy 8725 John J. Kingman Road, Suite 2945

SMALL BUSINESS

SVC-DISABLED VET-

OWNDED SB

MARKED

SEE SCHEDULE

Fort Belvoir, VA 22060-6222 Buyer/Symbol: Adams, Heather/DLA Energy-FESAA

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

UNDER DPAS (15 CFR 700)

Phone: (703) 767-8397 heather.adams@dla.mil

NAICS: 493190 13b. RATING

SIZE STANDARD: $25.5 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule

17a. FACILITY

18a. PAYMENT WILL BE MADE BY CODE

See Clause 252.232-7006

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS

BLOCK BELOW IS CHECKED X SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

** SEE CLAUSE B0001 B34.01 (SCHEDULE)**

25. ACCOUNTING AND APPROPRIATION DATA

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

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

ATTACHED. *SCHEDULE OF SUPPLIES AND SOLICITATION CLAUSES ARE ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPY

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ____________OFFER

DATED____________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS: _

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

40. PAID BY

42a. RECEIVED BY (Print) 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

A pre-proposal conference will be held at Norfolk, VA on July 23, 2014, starting at 8:00 AM. Interested parties should submit names and phone numbers of attendees to Heather Adams via email at heather.adams@dla.mil NLT July 15, 2014 3:00 PM Ft. Belvoir Time. Technical questions should also be submitted, but answers will be posted in an Amendment. Addresses for the conference/meeting room for the pre-proposal conference will be announced in Amendment 0001.

A. The NAICS code is 493190 and the threshold is $25.5 million in annual receipts. The point of contact for Small Business Affairs is Mr. Gregory Thevenin, 703-767-9465.

B. Your offer must be received in DLA Energy-FESAA by 3:00pm EST on September 8, 2014. Facsimile proposals are not authorized. Do not return the entire solicitation package. Simply complete and return one original and one copy of the Offeror Submission Package data and an original and three copies of the Technical Proposal submissions as described in 52.212-1 Instructions to Offers—Commercial Items (April 2014) with Addendum to include 3 CD Rom Copies formatted in PDF files. Your prices must be inserted in Clause B-0001 B34.01 in the Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.

C. Unnecessarily elaborate brochures or other presentation beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

D. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation.

Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

E. The Government intends to evaluate proposals and award contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use Source Selection Procedures using formal source selection procedures with trade-offs (FAR 15.101-1). See 52.212-2 Evaluation— Commercial Items (Jan 1999) for evaluation methodology of factors. The resulting type of contract will be Firm Fixed Price.

F. 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.

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

SECTION B SUPPLIES OR SERVICES AND PRICES-

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

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D PACKAGING AND MARKETING

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

(FEB 2007)

SECTION E INSPECTION AND ACCEPTANCE

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

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

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E-0001 E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

E-0002 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E-0003 E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC

2011)

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0005 E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

E-0006 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2000)

SECTION F DELIVERIES OR PERFORMANCE

52.211-9072 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY)(NOV 2011)(DLAD) ... 18

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

F-0001 F1.05 GENERAL SHIPPING CONDITIONS (DLA ENERGY OCT 1997)

F-0002 F1.14 DETERMINATION OF QUANTITY (STORAGE) (DLA ENERGY NOV 1997)

F-0003 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY

DEC 1991)

SECTION G CONTRACT ADMINISTRATION DATA

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

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

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

SECTION H SPECIAL CONTRACT REQUIREMENTS

H-0001 H3.01 EPA TESTING OF UNDERGROUND TANKS (DLA ENERGY JAN 1992)

H-0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982)

H-0003 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY

JAN 2012)

H-0004 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA

ENERGY JAN 2012)

SECTION I CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTORS SALES TPO THE GOVERNMENT (SEP 2006)

52.203-7 ANTI-KICKBACK PROCEEDURES (MAY 2014)

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

2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

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

(MAY 2011)

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

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2014)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (Jun 2014)

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

MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR COST OR PRICING DATA—MODIFICATIONS (OCT 2010)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-0OO17) (JUN 2014)

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

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 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)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

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

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2104)

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

52.233-1 DISPUTES (MAY 2014) w/ ALTERNATE I (DEC 1991)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

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

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR

1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

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

52.242-13 BANKRUPTCY (JUL 1995)

52.243-1 CHANGES – FIXED-PRICE W/ALTERNATE II (AUG 1987/APR 1984)

52.243-2 CHANGES-COST REIMBURSEMENT (AUG 1987)

52.244-2 SUBCONTRACTS (OCT 2010)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAY 2014)

52. 245-1 GOVERNMENT PROPERTY (APR 2012)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

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

52.249-2 TERMINATION FOR CONVINIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) .. 57

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

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)

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (APR 2014) (DLAD)

252.203-7002 REQUREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (MAR 2014)

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

(APR 2012)

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

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

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)

252.227-7015 TECHNICAL DATA—COMMERCIAL ITEMS (FEB 2014)

252.227-7020 RIGHTS IN SPECIAL WORKS (JUN 1995)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2013)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

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

I-0002 I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PAYROLL TAX

ADJUSTMENT (DLA ENERGY JAN 2012)

I-0003 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA

ENERGY JAN 2012)

I-0004 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012)

I-0005 I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JAN

2012)

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

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

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

I-0009 I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT-OWNED AND/OR CHARTERED

AIRCRAFT (DLA ENERGY APR 1968)

I-0010 I147 DEMURRAGE (DLA ENERGY NOV 1989)

I-0011 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

I-0012 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009)

SECTION J – ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

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

2010)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (JUL 2013)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICAIONS (MAY 2014)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (MAY

2014)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) .. 101

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION (SEP 2013)

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

52.225-1 BUY AMERICAN-SUPPLIES (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

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

CERTIFICATION (AUG 2009)

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

OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS

(DEC 2012)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

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

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 105

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

COUNTRY (JAN 2009)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-

O0004) (JAN 2012)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

252.215-7008 ONLY ONE OFFER (OCT 2013)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(AUG 2012)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

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

252.225-7036 BUY AMERICAN—FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM

(DEC 2012)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

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

252.232-7010 LEVIES ON CONTRACT PAYMENTS. (DEC 2006)

252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS (MAY

2013)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

(JUN 2013)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS. (OCT 2010)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

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

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

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (APR 2014)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.237-1 SITE VISIT (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

52.215-9004 ABILITYONE ENTITY PROPOSAL (DEC 2012)(DLAD)

52.215-9005 ABILITYONE ENTITY SUPPORT EVALUATION (DEC 2012)(DLAD)

52.233-9000 AGENCY PROTESTS (NOV 2011)(DLAD)

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR)(NOV

2011) (DLAD)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

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

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

L-0002 L7 SOCIOECONOMIC PROPOSAL (DLA ENERGY MAR 2007)

L-0003 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)

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

L-0005 L87.06 CONDITIONS FOR MULTIYEAR OFFERS (DLA ENERGY FEB 2009)

SECTION M – EVALUATION FACTORS FOR AWARD

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M-0001 M7 SOCIOECONOMIC EVALUATION (DLA ENERGY FEB 2005)

M-0002 M43.01 EVALUATION OF OPTIONS (DLA ENERGY MAR 2009)

M-0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) .. 132

SECTION B SUPPLIES OR SERVICES AND PRICES-

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

The services to be furnished during the period specified herein and the unit prices are as follows: The contract shall be for a period of five four (54) years with one 5-year renewal option.

BASE PERIOD

(October 1, 2015 through September 30, 20202019)

Years 1-54:

LINE ITEM 0001- NON PERSONAL SERVICES (FIRM-FIXED PRICE): The prices for the services and Government-owned, Contractor-operated (GOCO) facilities to be provided during the performance of the initial 54-year period. Offeror is required to provide a monthly price for each facility. Level unit pricing for each period of performance is required.

Years 1-54:

DFSP Craney Island and Sewell's Point, $__________________________Per Month Yorktown $__________________________Per Month NS Chambers Field $__________________________Per Month JEB Little Creek-Fort story $__________________________Per Month

The total CLIN 0001 offered price per month for performing these services at the locations above is $________________________

Note: All general and administrative (G&A) costs and profit for performing services under CLINS 0002 and 0004-0009 must be included in CLIN 0001.

(b) The Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer, who will issue a Firm-Fixed Price Order. The "ESTIMATED AMOUNT" shown below represent the Government's estimated amount for providing the supplies, services, and overtime for the fivefour-year.

Years 1-54:

LINE ITEM 0002- MAINTENANCE & REPAIR OF EQUIPMENT ESTIMATED AMOUNT $2,500,000.00

REQUIRING TASK ORDER(S) FOR THE 5 4 YEAR CONTRACT PERIOD.

The Service Provider shall provide maintenance and repair beyond preventive maintenance as directed by the Contracting Officer.

Years 1-54:

LINE ITEM 0003 –OVERTIME ESTIMATED AMOUNT $325,000.00

FOR THE 5 4 YEAR CONTRACT PERIOD

Overtime may be requested by government agencies or the contractor. Any requirement for overtime shall be validated by the COR prior to Contracting Officer’s authorization. The contractor shall not retain employees or call-in additional personnel to work without prior approval. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN 0003. No additional G&A or profit will be allowed.

Category (Offeror Fill-in) Straight Time Overtime

______________ $______________________Per Hour $____________________ ______________ $______________________Per Hour $____________________ ______________ $______________________Per Hour $____________________ ______________ $______________________Per Hour $____________________

LINE ITEM 0004-MAINTENANCE/ REPAIR (SRM) ESTIMATED AMOUNT $5,000,000.00 FOR GOCO

FACILITIES FOR THE 5 4 YEAR CONTRACT PERIOD

Such services include repairs or services required immediately to permit performance of the contract and/or eliminate hazards to life or property following a breakdown of facilities or equipment, accident, fire, or product spill.

LINE ITEM 0005– FUELS PURCHASE AGREEMENT– (FPA)/ ESTIMATED AMOUNT $750,000.00 FOR GOCO

FACILTIES HEATING OIL

FOR THE 5 4 YEAR CONTRACT PERIOD

Years 1-54:

LINE ITEM 0006– ENVIRONMENTAL SPILL RESPONSE (GOCO) ESTIMATED AMOUNT $250,000.00 FOR GOCO

FACILTIES

FOR THE 5 4 YEAR CONTRACT PERIOD

Years 1-54:

LINE ITEM 0007-NAVY-OWNED BARGE MAINTENANCE AND REPAIR ESTIMATED AMOUNT $250,000.00 FOR GOCO

FACILTIES

FOR THE 5 4 YEAR CONTRACT PERIOD

Years 1-54:

LINE ITEM 0008– RECLAMATION/WASTE OIL HANDLING ESTIMATED AMOUNT $625,000.00 FOR GOCO

FACILTIES

FOR THE 5 4 YEAR CONTRACT PERIOD

Years 1-54:

LINE ITEM 0009 –LINE HANDLING ESTIMATED AMOUNT $150,000.00 FOR GOCO

FACILTIES

FOR THE 5 4 YEAR CONTRACT PERIOD

OPTION

(October 1, 2020 2019 through September 30, 20252024)

Years 65-109:

LINE ITEM 0010- NON PERSONAL SERVICES (FIRM-FIXED PRICE): The prices for the services and Government-owned, Contractor-operated (GOCO) facilities to be provided during the performance of the initial 5-year period. Offeror is required to provide a monthly price for each facility. Level unit pricing for each period of performance is required.

Years 65-109:

DFSP Craney Island and Sewell's Point $__________________________Per Month Yorktown $__________________________Per Month NS Chambers Field $__________________________Per Month JEB Little Creek-Fort story $__________________________Per Month

The total CLIN 0010 offered price per month for performing these services at the locations above is $________________________

Note: All general and administrative (G&A) costs and profit for performing services under CLINS 0011 and 0013-0018 must be included in

CLIN 0010.

(b) The Contractor shall furnish nonpersonal services and/or supplies and materials. The Contractor will be reimbursed under these line items for services actually performed as approved in advance by the Contracting Officer, who will issue a Firm-Fixed Price Order. The "ESTIMATED AMOUNT" amounts shown below represent the Government's estimated amount for providing the supplies, services, and overtime for the five-year.

Years 6-5-109:

LINE ITEM 0011- MAINTENANCE & REPAIR OF EQUIPMENT ESTIMATED AMOUNT $2,500,000.00

REQUIRING TASK ORDER(S) FOR THE 5 YEAR CONTRACT PERIOD

The Service Provider shall provide maintenance and repair beyond preventive maintenance as directed by the Contracting Officer.

Years 65-109:

LINE ITEM 0012 – OVERTIME ESTIMATED AMOUNT $325,000.00

FOR THE 5 YEAR CONTRACT PERIOD

Overtime may be requested by government agencies or the contractor. Any requirement for overtime shall be validated by the COR prior to Contracting Officer’s authorization. The contractor shall not retain employees or call-in additional personnel to work without prior approval. The following fully-loaded straight time and overtime rates will apply to work ordered under CLIN 0012. No additional G&A or profit will be allowed.

Category (Offeror Fill-in) Straight Time Overtime

______________ $______________________Per Hour $____________________ ______________ $______________________Per Hour $____________________ ______________ $______________________Per Hour $____________________

LINE ITEM 0013- MAINTENANCE/ REPAIR (SRM) ESTIMATED AMOUNT $5,000,000.00 FOR GOCO

FACILITIES

FOR THE 5 YEAR CONTRACT PERIOD

Such services include repairs or services required immediately to permit performance of the contract and/or eliminate hazards to life or property following a breakdown of facilities or equipment, accident, fire, or product spill.

LINE ITEM 0014– FUELS PURCHASE AGREEMENT– (FPA)/ ESTIMATED AMOUNT $750,000.00 FOR GOCO

FACILTIES HEATING OIL

FOR THE 5 YEAR CONTRACT PERIOD

Years 65-109:

LINE ITEM 0015 – ENVIRONMENTAL SPILL RESPONSE (GOCO) ESTIMATED AMOUNT $250,000.00 FOR GOCO

FACILTIES

FOR THE 5 YEAR CONTRACT PERIOD

Years 65-109:

LINE ITEM 0016– NAVY-OWNED BARGE MAINTENANCE AND REPAIR ESTIMATED AMOUNT $250,000.00 FOR GOCO

FACILTIES

FOR THE 5 YEAR CONTRACT PERIOD

Years 65-109:

LINE ITEM 0017– RECLAMATION/WASTE OIL HANDLING ESTIMATED AMOUNT $625,000.00 FOR GOCO

FACILTIES

FOR THE 5 YEAR CONTRACT PERIOD

Years 65-109:

LINE ITEM 00018–LINE HANDLING ESTIMATED AMOUNT $150,000.00 FOR GOCO

FACILTIES

FOR THE 5 YEAR CONTRACT PERIOD

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

(SEE ATTACHMENT I FOR PWS)

SECTION D PACKAGING AND MARKETING

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

(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.

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

SECTION E INSPECTION AND ACCEPTANCE

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

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

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

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

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

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

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

(2) Reduce the contract price to reflect the reduced value of the services performed.

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

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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

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

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

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.

http://www.alsc.org/

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

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

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

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

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

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

(2) Terminate the contract for default.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

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

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

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

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection.

The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

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

E-0001 E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

(a) Upon award, the Contractor shall prepare, in triplicate and in English, a Quality Control Plan (QCP). Prior to the first receipt of Government-owned product into the facility, two copies of the QCP shall be forwarded to the Contracting Officer and one copy to the assigned Quality Assurance Representative for approval.

(b) The QCP shall include the following quality control procedures employed by the Contractor.

(1) Receiving (both product and additives);

(2) Blending;

(3) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

(7) Calibration program for testing and measuring equipment in accordance with ISO 10012-1, "Quality Assurance Requirements for Measuring Equipment, Part I." Equivalent local regulation, as appropriate, may be used as well. Whichever program used must include a section addressing meter proving (used to determine quantity) and must comply with the American Petroleum Institute Manual of Petroleum Measurement Standards, Chapters 4, 5, and 6, or equivalent foreign standard. For any item that requires calibration but is not covered by ASTM, API, or IP publications, the applicable manufacturer's recommended calibration method(s) outlined in the applicable industry publication shall be used if acceptable to the Government;

(8) Quantity measurement;

(9) Records and reports; and

(10) Corrective action procedures (to include, but not be limited to, procedures for notification of Quality Representative, actions to be taken on discovery of off-spec product during receipts/shipments, upgrading procedures for Contractor-caused contamination, leaks, etc.). The QCP shall also include an organizational chart of key personnel and their responsibilities and a schematic diagram of the facility with key inspection/activity points marked for each product handled.

(c) The QCP shall require that each Contractor employee be familiar with its content and shall state that it must be reviewed semiannually and revised as needed. Revision should occur when any change is made to the inspection system, when any corrective action needs to be incorporated due to quality problems, and as otherwise necessary. The Contractor shall sign and date each revision of the QCP.

E-0002 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is DLA Energy Americas East.

E-0003 E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC 2011)

(a) Inspection and tests by the Government of services, facilities, and equipment specified within this contract does not relieve the Contractor from responsibility to meet all requirements of the contract.

(b) The Contractor shall furnish personnel, facilities, and equipment on-site to accomplish the following routine tests and procedures. These on-site resources may be provided by Contractor personnel or by a commercial source action on behalf of the Contractor. The Quality Representative will not be responsible for performing any of these services for the Contractor.

(1) Sampling of storage tanks, shipments and receipts in accordance with ASTM D 4057, Standard Practice for Manual Sampling of Petroleum and Petroleum Products (API Manual of Petroleum Measurement Standards (MPMS), Chapter 8.1);

(2) Retaining of product composite samples from shipments and receipts as follows:

MINIMUM

METHOD OF SHIPMENT MINIMUM QUANTITY RETENTION PERIOD

Pipeline 20 liters 60 days Tanker/Barge Parcel Composite 20 liters 90 days Each compartment 0.5 liters 90 days Navy Fleet Oilers/Vessels 10 liters 60 days Tank Truck/Car 1 liter 15 days

NOTE: After the minimum retention period, samples shall be tested for Appearance, Color (Visual), API Gravity/Density and Flash Point and, if found to be on-specification, shall be returned to like Government stock on-site. Sample containers may be reused if properly cleaned.

(3) Determining the presence of water in storage tanks, shipments and receipts. Ensure that accurate water cuts are obtained by means of a water indicating paste conforming to MIL-W-83779B. Two suggested sources are Stewart Hall Chemical Testmaster Water Indicating Paste or Sartomer Sar Gel Water Indicating Paste (see Note 2 below);

(4) Determining Density at 15 degrees Celsius or API gravity of products by ASTM D 1298 or ASTM D 4052 (see Note 2 below);

(5) Determining the temperature of products by the API MPMS, Chapter 7 (see Note 2 below);

(6) Determining the Appearance of applicable products using ASTM D 4176, Procedure 1 (see Note 2 below);

(7) Determining the visual color of products.

(8) Determining the Flash Point of applicable products using test methods cited in the appropriate product specification (see Note 2 below);

(9) Conversion of gross to net gallonage (liters);

(10) Determining the percentage (volume) of fuel system icing inhibitor (FSII) by means of a portable refractometer in accordance with ASTM D 5006. One suggested source is H.B. Industries, Inc., Glenview, IL 60025 (B/2 Anti-Icing Additive test kit) (see Note 2 below); and

(11) Determining the range of fuel electrical conductivity using ASTM D 2624. One suggested source for a conductivity meter is Emcee Electronics, Inc., Sarasota, FL 33581 (Model 1152) (see Note 2 below).

Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge. The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the attachment to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING. Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) contract provision.

Note 2: Upon request, the Contractor shall permit the Quality Representative unrestricted use of the equipment and ancillary supplies needed to perform this test/procedure on behalf of the Government.

(c) During the contract, the Contractor shall furnish representative samples of the product in each storage tank, shipment or receipt at the request of, and in the manner and to the place designated by, the Quality Representative. Sample size will be 2 gallons for gasoline-type fuels and one gallon or 10 gallons for jet diesel-type fuels. The number of samples to be furnished during any 12-month period shall not exceed eight times the number of tanks specified in the contract. Such samples shall be packed, marked, and shipped by the Contractor, shipping expense prepaid, in containers and shipping boxes furnished by the Contractor. Sample containers shall be epoxy coated on the interior. This requirement is in addition to sampling required elsewhere in this contract provision and the contract. All reasonable direct shipping costs associated with samples required by this paragraph shall be reimbursed upon request from the Contractor and such costs shall not be included in the monthly service charge. However, all other costs related to this requirement shall be included as part of the monthly service charge.

E-0004 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

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

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

E-0005 E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

The facilities to be provided hereunder shall be ready for inspection and acceptance by the Government. The Contractor shall notify the Contracting Officer of the date such tanks and facilities are available for inspection and acceptance, and the Contracting Officer, or his designated representative, shall promptly thereafter inspect such tanks and facilities. No payment will be made for services performed or facilities provided prior to the start of performance period.

E-0006 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2000)

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

SECTION F DELIVERIES OR PERFORMANCE

52.211-9072 GENERAL RECEIVING AND STORING CONDITIONS (DLA ENERGY)(NOV 2011)(DLAD)

Notice will be furnished to the Contractor of upcoming product receipts. The notice will include the method of receipt, the source, grade, or type of product, and any special instructions.

The Contractor shall transfer and store each grade of product in a manner that preserves the quality of the product and will prevent contamination. The responsibility for preventing contamination rests with the Contractor.

When requested, the Contractor will transfer product between tanks to consolidate like types or grades.

Whenever a product is to be removed from a tank to accomplish cleaning or repair of the tank, or to change product, or to affect the release of the tank to the Contractor, the Contractor shall strip such tank to preclude loss of recoverable fuel. The Contractor shall provide the quality assurance representative (QAR) with information pertaining to the amount of fuel deemed unrecoverable, the reason why the fuel cannot be recovered, and an analysis of the unrecovered fuel quality. All unrecoverable tank bottoms/line fill quantities will be reported to the Property Administrator for disposition instructions.

Contaminated/off-specification product will be reported to the QAR in order to obtain disposition instructions. Tanks out of service for repair shall be removed from revenue until such time as they are returned to Government service. Tanks out of service for cleaning shall be governed by the Inspection And Cleaning Of Bulk Petroleum Storage Tanks clause.

Custody of product received by pipeline, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes the flange connecting the carrier's pipeline and the Contractor's pipeline.

Custody of product received by transport truck, and risk of loss thereof, shall pass from the carrier to the Contractor when the product passes from the transport truck discharge hoses into the Contractor's receiving facilities.

Custody of product received by tank car, and risk of loss thereof, shall pass from the carrier to the Contractor when the tank car comes to rest on the Contractor's siding.

Custody of product received from tanker or barge, and risk of loss thereof, shall pass from the carrier to the Contractor when the fuel passes the vessel’s permanent hose connection.

The Contractor shall be held accountable for demurrage charges arising from delay(s) in receipt by tank cars or transport trucks, except when the delay(s) are caused by reason beyond the control and without the fault or negligence of the Contractor and its subcontractors.

The following subparagraphs apply only to barges and tankers.

Scheduled arrival date and basic allowed laytime.

The Contractor shall be notified in advance of the scheduled arrival date. Each notice will specify the quantity to be delivered, the cargo number, the name of the vessel, and the scheduled arrival date. For tankers, the notice will also include the size of the vessel and the expected time of arrival.