Amendment_0001_-_OSP.pdf

SPE600-16- R-0507

Attachment II Offeror Submission Package

Kabul, Afghanistan COCO Storage

OFFEROR SUBMISSION

PACKAGE

COCO STORAGE SERVICES

KABUL, AFGHANISTAN

SOLICITATION

SPE60016R0507

TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY

BY

December 8, 2015 NO LATER THAN 03:00 P.M., LOCAL TIME, FT. BELVOIR, VA

INSTRUCTIONS:

1. The original and one (1) copy of this Offeror Submission Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package. See FAR 52.212-02 Evaluation -- Commercial Items (OCT 2014)/ADDENDUM to FAR 52.212-02, FAR 52.212-01 Instructions to Offerors – Commercial Items (APR 2014)/ADDENDUM to FAR 52.212.01, and Contract Provision L-0004- L116.01- Data Requirements (Storage) (DLA Energy Jan 2013) for additional information to be submitted.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Be sure to initial all changes, and sign and date the Standard Form 1449 (SF 1449) in blue or black ink.

3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid Custodian at the address listed on Page 3 of the Request for Proposal.

4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.

Kabul, Afghanistan COCO Storage

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212- 1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (APR 2014), DLA Energy Contract Provisions L-0003-L116.01 – DATA REQUIREMENTS (STORAGE) (DLA ENERGY JAN 2013) and FAR 52.212-2 – EVALUATION-COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is the Request for Proposal Number SPE600-16-R-0507 to acquire Contractor-Owned, Contractor-Operated (COCO) fuel facilities services with the current capability of receiving, storing, shipping, protecting, ensuring quality of, and regrading of two grades of U.S. Government-owned petroleum product (172,000 barrels Aviation Turbine Fuel Grade TS-1 and 10,000 barrels Diesel Fuel Grade DF2/Diesel) totaling 182,000 barrels of fill capacity. The requirement is for a one (1) year period of performance commencing March 14, 2016 and ending March 13, 2017 with four (4), one (1)-year options.

B. Your proposal must be received no later than 03:00 P.M. local Fort Belvoir, VA (EST) time on December 8, 2015. Offerors shall clearly mark all envelopes/packages sent in response to this solicitation with the words: "OFFERED UNDER SOLICITATION SPE600-16-R-0507”

C. FAXED PROPOSALS ARE NOT AUTHORIZED. You may, however, email your proposal to:

bidcustodian@dla.mil. All emailed proposals MUST be followed-up with hard copies (original plus one

(1) copy) of your proposal NO LATER THAN THREE (3) business days after solicitation closing.

Late proposals will be processed in accordance with FAR 15.208, Submission, Modification, Revision and Withdrawal of Proposal.

Submit hard copy of your TECHNICAL PROPOSAL, OFFEROR SUBMISSION PACKAGE to:

US Post Office/US Post Office Express Mail offer only: Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-FESBB Bid Custodian Room 2945 ATTN: DLA Energy-FESBB Bid Custodian Room 2945 Defense Logistics Agency Energy Ms. Debbie Lloyd/

Telephone: 703-767-9350 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, VA 22060-6222 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222

FOR VERIFICATION OF RECEIPT: Contact Ms. Sherlyne Thomas at (703)-767-1931.

C. NOTICE REGARDING SUSPENSION/DEBARMENT/INELIGIBILITY: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

mailto:bidcustodian@dla.mil

D. TAX EXEMPT NUMBER: For the Defense Logistics Agency-Energy is: 31-4420477.

E. QUESTIONS RELATING TO THIS SOLICITATION: Must be emailed to Sherlyne Thomas, Contract Specialist at Sherlyne.Thomas@dla.mil, no later than December 1, 2015. Please reference the Solicitation Number in the SUBJECT LINE of your email. All responses will be provided via an amendment to the solicitation.

mailto:Sherlyne.Thomas@dla.mil

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

CLAUSE NO. CLAUSE TITLE PAGE (S)

B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 5

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-0003-C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA ENERGY JAN 2012) 14

SECTION E – INSPECTION AND ACCEPTANCE

E-0003-E18 INSPECTION AND CLEANING OF BULK PETROLEUM TANKS (DLA ENERGY NOV 2003) 15

SECTION F – DELIVERIES OR PERFORMANCE

F-0007-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991) 16

SECTION G – CONTRACT ADMINISTRATION DATA

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 17

G-0001-G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 18

G-0002-G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY DEC 1999) 18 G-0003-G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – CORPORATE TRADE EXCHANGE (DLA ENERGY

JUL 2007)

G-0004-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012)

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 23

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

TRANSACTIONS (SEP 2007) 24

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL 2013) 24

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) 25

52.209-9 UPDATES OF PUBLICALLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013) 27

52.212-3/ALT I OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2014)

ALTERNATE I (OCT 2014) 28

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

TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATION (DEC 2012) 41

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 42 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY

(JAN 2009) 43

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-O0009)(FEB2014)

252.209-7998 REPRESENTATIONS REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY

FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) 44

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) 44

252.225-7031 SECONDARY BOYCOTT OF ISRAEL (JUN 2005) 45

K-0002-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGYAPR 2007) 46

K-0003-K86 FOREIGN TAXES (DLA ENERGY JAN 2012) 46

K-0004-K150 WIDE AREA WORK FLOW (DLA ENERGY MAY 2014) 46

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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:

CONTRACT LINE ITEM 0001 – OCONUS COCO STORAGE SERVICES, V20000034: (FIRM

FIXED PRICE)

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for a one (1) year period of 14 March 2016 – 13 March 2017.

AREA(S) OF CONSIDERATION: KABUL AFGHANISTAN

THE PRICES FOR THE SERVICES AND FACILITIES TO BE PROVIDED DURING THE BASE

ONE-YEAR PERFORMANCE PERIOD OF 14 March 2016 – 13 March 2017 INCLUDES THE

FOLLOWING:

CLIN Product/ Tank #

Shell Capacit y

(BBLS)

Fill Capacity

(BBLS)

OCONUS

COCO

STORAGE

SERVICES

(Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual Storage Use

Charge Five Year Cost $/BBL

/YR

0001 $ $ $ $ Dedicated

Line Fill

TS-1

Dedicated

DF2

CONTRACT

TOTAL $ $ $ $

NOTE: A fill capacity quantity of 182,000 barrels is required. Monthly and Annual Storage Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will be in accordance with the amount stipulated in the table below):

Tank Monthly OCONUS COCO Storage Service Price

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18

(Base Year)

TOTAL $ $ $

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 through CLIN 0005 by utilizing the following formula:

Annual OCONUS COCO Storage Service Price = Daily Reduction/Addition

365 Days

THE PRICES FOR THE SERVICES AND FACILITIES TO BE PROVIDED DURING THE FIRST

OPTION ONE-YEAR PERFORMANCE PERIOD OF 14 March 2017 – 13 March 2018 INCLUDES

THE FOLLOWING:

Shell Capacit y

(BBLS)

Fill Capacity

(BBLS)

OCONUS

COCO

STORAGE

SERVICES

(Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual Storage Use

Charge Five Year Cost $/BBL

/YR

0002 $ $ $ $ Dedicated should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18 0002 $ $ $

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 through CLIN 0005 by utilizing the following formula:

THE PRICES FOR THE SERVICES AND FACILITIES TO BE PROVIDED DURING THE SECOND

OPTION ONE-YEAR PERFORMANCE PERIOD OF 14 March 2018 – 13 March 2019 INCLUDES

Shell Capacit y

(BBLS)

Fill Capacity

(BBLS)

OCONUS

COCO

STORAGE

SERVICES

(Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual Storage Use

Charge Five Year Cost $/BBL

/YR

0003 $ $ $ $ Dedicated should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

Tank Monthly OCONUS COCO Storage Service Price

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18 0003 $ $ $

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 through CLIN 0005 by utilizing the following formula:

THE PRICES FOR THE SERVICES AND FACILITIES TO BE PROVIDED DURING THE THIRD

OPTION ONE-YEAR PERFORMANCE PERIOD OF 14 March 2019 – 13 March 2020 INCLUDES

Shell Capacit y

(BBLS)

Fill Capacity

(BBLS)

OCONUS

COCO

STORAGE

SERVICES

(Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual Storage Use

Charge Five Year Cost $/BBL

/YR

0004 $ $ $ $ Dedicated should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18 0004 $ $ $

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 through CLIN 0005 by utilizing the following formula:

THE PRICES FOR THE SERVICES AND FACILITIES TO BE PROVIDED DURING THE FOURTH

OPTION ONE-YEAR PERFORMANCE PERIOD OF 14 March 2020 – 13 March 2021 INCLUDES

Shell Capacit y

(BBLS)

Fill Capacity

(BBLS)

OCONUS

COCO

STORAGE

SERVICES

(Prorated for part month) includes initial & final shipment

PRICE (MUCC)

Annual Storage Use

Charge Five Year Cost $/BBL

/YR

0005 $ $ $ $ Dedicated should equate to the Annual Storage Usage Charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the six one (1) month extensions (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) unless otherwise stipulated.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA ENERGY NOV 2003), tanks required to be cleaned/inspected at the contractors expense shall be removed from revenue at a prorated amount. Prorated daily reductions/additions to CLIN 0001 (OCONUS COCO STORAGE SERVICES) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the table below (If alternate tankage is not available the proposed reductions in the storage capacity will

Annual Storage Use Charge

Daily Cost Per Tank When Removed From

Revenue IAW E18 0005 $ $ $

NOTE: If alternate tankage is offered under E18 and utilized when cleaning/inspection occurs, the rates in the above chart shall not be utilized. Instead, the awarded $/BBL/YR and calibrated fill capacity for offered alternate tankage will be utilized for monthly price calculation. Rates above shall be determined for each tank offered under CLIN 0001 through CLIN 0005 by utilizing the following formula:

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

ENERGY QAP C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) (DLA

ENERGY JAN 2012)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken 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).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS

FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment.

(All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel.

(All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests. The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) contract provision.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

Attachment II Offeror Submission Package

SECTION E – INSPECTION AND ACCEPTANCE

E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA

ENERGY JUNE 2015)

(a) The Contractor shall maintain and make available upon request the following historical data relative to each storage tank provided:

(1) Date and type of construction;

(2) Name of installing contractor;

(3) Product service (past and present) and dates;

(4) Date of last cleaning/physical entry inspection and contractor's name;

(5) Structural condition based on cycle inspection at the time of cleaning or repair;

(6) Record or tank repairs;

(7) Tank dimensions and capacity;

(8) Inspection and tank cleaning frequency (date of next mandatory inspection, when tank out of service, required);

(9) Tank coating history;

(10) Tank strapping charts;

(11) As built drawings (if available); and

(12) Records of product tests and trends.

(b) At the Contractor's expense, the Contractor shall empty, inspect, and clean each bulk petroleum storage tank and dispose of all tank bottom waste for each tank furnished under this contract at the following intervals. When tank cleaning does take place, the Contractor, at his own expense, shall be responsible for providing alternate tankage and transferring the remaining product to that tankage. Such tankage shall be suitable for storing the transferred product and shall be of equal or greater capacity than the tankage being cleaned. Any proposed reduction in the storage capacity cited in the contract must be approved by the Contracting Officer in advance.

(1) AVIATION FUEL STORAGE TANKS.

(i) Every 4 years for uncoated storage tanks without an inlet-filter separator;

(ii) Every 6 years for either a coated tank without an inlet filter separator, or for an uncoated tank with an inlet-filter separator; and

(iii) Every 8 years for coated tanks with an inlet-filter separator.

(iv) For storage tanks with direct receipt of fuel from barge or tanker, the frequency for physical entry inspection and cleaning will be 3, 5, and 8 years for (i), (ii), and (iii) above, respectively.

(v) Tanks will be emptied, cleaned, and inspected more frequently than the periods stated in (i) through (iv) above when sample analysis indicates a build up of sediment in the tanks.

With advanced approval, a delay in tank cleaning may be authorized if the cause for such delay is justified and approved by the Contracting Officer.

(2) GROUND AND MARINE FUEL STORAGE TANKS. Tanks will be emptied, cleaned, and inspected when sample analysis indicates a build up of sediment in the storage tanks.

(c) The time for cleaning will be measured from the date of the last cleaning regardless of whether the tank was under contract with DLA Energy at the time of the last cleaning.

(d) Samples will be taken and tested at Government expense. If tank cleaning is required earlier than the criteria listed in (b)(1) above and the Government is shown to be at fault, then the Government will be responsible for cleaning, sampling, and testing costs. In all other cases, tanks requiring cleaning will be removed from revenue and cleaned at the Contractor's expense.

(e) At the time of offer submission, the offeror shall provide the Contracting Officer with a listing of all tank inspections and cleanings, and other activities that would take a tank out of service, which are anticipated to occur during the contract period (see chart below). This listing shall include the tank number, location, reason for being out of service, dates the tank will be out of service and provisions that have been made to replace the tankage while it is out of service. Updates to the listing shall be sent to the Contracting Officer as soon as a change is known.

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

Tank Number Location Reason Dates Replacement Tankage

SECTION F – DELIVERIES OR PERFORMANCE

F-0007-F76 - CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA

ENERGY DEC 1991)

During the base contract period, 14 March 2016 through 13 March 2017, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

Attachment II Offeror Submission Package

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

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

(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.

(End of Clause)

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

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

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

1999)

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

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

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

THIS PROVISION APPLIES ONLY TO DLA ENERGY-FUNDED ITEMS FOR DOMESTIC AND

FOREIGN SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE

WHEN THE RECEIVING BANK IS LOCATED IN THE UNITED STATES .

G-0003-G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE

EXCHANGE (DLA ENERGY JUL 2007)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK:

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES:

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

OR

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

SIGNATURE: ______________________________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

G-0004-G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE

TRANSFER SYSTEM (DLA ENERGY JAN 2012)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)

CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM

ONLY)

(6 CHARACTERS ONLY)

(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER

INFORMATION.

NAME | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |

SIGNATURE _______________________________________________________

(e) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

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

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

Attachment II Offeror Submission Package Kabul, Afghanistan COCO Storage

52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8).

The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, for each such failure.

52.204-6 – DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

http://fedgov.dnb.com/webform

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

52.209-5 – CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.

§6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to

I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for…