SPE600-17-R-0505,_April_20,_2018.pdf

This solicitation shall result in one four-year contract with one six-month option to extend services at Defense Fuel Support Point (DFSP) Point Loma (Pt. Loma), CA. NOTE: See Addendum to FAR 52.212-1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2016), and FAR 52.212-2 – EVALUATION-COMMERCIAL ITEMS (OCT 2014) and Addendum for complete instructions on how to submit a proposal (See DLA Energy Special Contract Provision L-0004 – L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009 for details).

A. A Pre-Proposal Conference was conducted at DFSP Pt. Loma on December 6, 2016 at 9:00 AM.

B. The North American Industry Classification System (NAICS) Code for this solicitation is 562910 and the threshold is 750 employees (see K1.01-11). The point of contact for Small Business Affairs is Mr. Greg Thevenin, telephone (703) 767-9465.

C. Offers must be received September 28, 2017, by 1:00 p.m. Fort Belvoir time. A single hard copy proposal (with PDF electronic copy) must be submitted. Do not return the entire solicitation package. Simply complete and return one original copy of the Offeror Submission Package (OSP) data, and an original and four copies of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS—COMMERCIAL Items (OCT 2015) with Addendum, and the pricing sheets for Clause B-0001 B34.01 with your offered prices inserted in them. All proposals must meet the limitations in addendum to 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL

ITEMS (APR 2014).

D. DLA ENERGY–FESAC is the designated office for receipt of offers. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE600-17-R-0505.” Mailed offers should be mailed to the following address:

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

ATTN: DLA Energy-FESAC, Bid Custodian Room 2945 ATTN: DLA Energy-FESAC, Bid Custodian Room 2945 Defense Logistics Agency Energy Ms. Viki Metzger / 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 2945 Fort Belvoir, VA 22060-6222

For Verification of Receipt contact viki.metzger@dla.mil, (703) 767-9326.

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.

E. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil with a copy to viki.metzger@dla.mil and heather.adams@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of three volumes as outlined below) NO LATER THAN FIVE (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS. Offeror’s proposals shall be prepared in three separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Page Limit I Technical Management

Proposal 5 hard copy & 5 PDF electronic copy 70

II Offeror Submission Package

1 hard copy, 1 PDF electronic copy, & 1 MS Excel electronic copy of Attachment 3 – Price Proposal Worksheet

None

III Past Performance 1 PDF Electronic Version None

F. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions included in this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.

G. The Government intends to evaluate proposals and award one contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use formal Source Selection Procedures using the Lowest Price Technically Acceptable (LPTA) source selection process (FAR 15.101-2). See 52.212-2 EVALUATION – COMMERICAL ITEMS (Oct 2014) for evaluation methodology and evaluation factors. The resulting contract will be Firm-Fixed-Price (FFP).

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

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

Contents

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS 76

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 87

PERFORMANCE WORK STATEMENT – ATTACHMENT 1 87

SECTION D - PACKAGING AND MARKETING 87

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM)(DLAD) (FEB 2007) 87

SECTION E – INSPECTION AND ACCEPTANCE 87

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996) 87

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 87

E-0001 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) 98

E-0002 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002) 98

E-0003 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011) 98

SECTION F – DELIVERIES OR PERFORMANCE 109

52.242-15 STOP-WORK ORDER (AUG 1989) 109

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 109

SECTION G – CONTRACT ADMINISTRATION DATA 1110

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) 1110

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) 1110

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 1211

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 1312

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 1312

SECTION H – SPECIAL CONTRACT REQUIREMENTS 1312

H-0001 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN 2012) 1312

SECTION I – CONTRACT CLAUSES 1413

52.202-1 DEFINITIONS (NOV 2013) 1413

52.203-3 GRATUITIES (APR 1984) 1413

52.203-6 -- RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) 1413

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) 1413

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 1514

52.203-19 – PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017) 1716

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 1817

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 1817

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) 1817

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 1918

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 2019

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRCTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARRMENT (OCT 2015) 2019

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) 2019

ADDENDUM 1 TO 52.212-4 2322

52.227-14 -- RIGHTS IN DATA – GENERAL (MAY 2014) 2322

FAR 52.243-1 CHANGES FIXED PRICE W/ ALTERNATE I (APR 1984) 2524

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

COMMERCIAL ITEMS (NOV 2016) 2625

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) 2827

52.216-18 ORDERING (OCT 1995) 2928

52.216-19 ORDER LIMITATIONS (OCT 1995) 2928

52.216-22 -- Indefinite Quantity (Oct 1995) 2928

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 2928

52.219-8 -- UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016) 3029

52.222-50 -- COMBATING TRAFFICKING IN PERSONS (MAR 2015) 3130

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) 3433

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 3433

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) 3534

52.223-18 – ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 3534

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011) 3635

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 3635

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 3635

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 3736

52.232-1 PAYMENTS (APR 1984) 3736

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 3736

52.232-9 LIMITATION ON WITHOLDING PAYMENTS (APR 1984) 3736

52.232-11 EXTRAS (APR 1984) 3837

52.232-17 INTEREST (MAY 2014) 3837

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) 3837

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 3837

52.233-1 DISPUTES (MAY 2014) 3938

52.233-3 -- PROTEST AFTER AWARD (AUG 1996) 3938

52.233-4 -- APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 4039

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 4039

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 4039

52.242-13 BANKRUPTCY (JUL 1995) 4039

52.245-1 -- GOVERNMENT PROPERTY (JAN 2017) 4039

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997) 4645

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 4645

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 4746

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 4746

252.204-7012 SAFEGUARDING OF COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) 4847

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 5049

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

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) 5150

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) 5150

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010) 5352

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)(MAR 2016) 5453

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSON (JAN 2015) 5453

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS – BASIC (SEP 2014) 5453

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) 5554

252.232-7007 LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014) 5655

252.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (NOV 2016) 5756

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 5756

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 5756

I-0001 I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PAYROLL TAX ADJUSTMENT (DLA

ENERGY JAN 2012) 5756

I-0002 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE OF FRAUD

UNDER THE CONTRACT (DLA ENERGY JUL 2008) 5857

I-0003 I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012) 5857

SECTION J – LIST OF ATTACHMENTS 5857

ATTACHMENT 1 – PERFORMANCE WORK STATEMENT 5857

ATTACHMENT 2 – OFFEROR SUBMISSION PACKAGE 5857

ATTACHMENT 3 – PRICE PROPOSAL WORKSHEET 5857

ATTACHMENT 4 – APPLICABLE WAGE DETERMINATIONS 5857

ATTACHMENT 5 – PAST PERFORMANCE QUESTIONNAIRE 5857

ATTACHMENT 6 – BASE ACCESS PASS REG 5857

ATTACHMENT 7 – DLA ENERGY 19.3 – DEC 2013 5857

ATTACHMENT 8 – JOINT VENTURE CONSENT FORM 5857

ATTACHMENT 9 – O&M MANUAL AND ATTACHMENTS 5857

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS 5857

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 5857

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

TRANSACTIONS (SEP 2007) 5958

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) 5958

52.204-8 -- ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) 6059

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 6160

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2017) 6261

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014) & ALTERNATE I (MAY 2014) 7170

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL 7473

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW. 7473

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA. (AUG 1992) 7473

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 7473

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 7473

K-0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS 7574

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 7574

52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN 2017) 7574

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (APR 2014) 7877

52.216-1 TYPE OF CONTRACT (APR 1984) 8180

52.222-24 -- PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 8281

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013) 8281

52.233-2 SERVICE OF PROTEST (SEP 2006) 8281

52.237-1 SITE VISIT (APR 1984) 8281

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 8281

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014) 8281

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 8382

L-0002 L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND SOCIOECONOMIC PLAN

SUBMISSIONS (DLA ENERGY NOV 2016) 8382

L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 8483

L-0004 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 8483

SECTION M – EVALUATION FACTORS FOR AWARD 8483

52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 8483

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 8786

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 8786

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR 2009)

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

Non-personal services to perform, in accordance with Attachment I, Performance Work Statement (PWS)[ATTACHMENT 1], the following: 1. Professional Services, including operation and maintenance (O&M) of the remediation system, facility groundwater monitoring and reporting, Geographic Information Services (GIS) and data management services, professional services (project management and technical support), and environmental compliance support to include obtaining/maintaining Federal/State permits; 2.

Repair and replacement of remediation system components as necessary.

PERIOD OF PERFORMANCE: January 1, 2018 – December 31, 2022

CLIN PWS Work Elements Quantity Unit

Monthly Unit Price TOTAL (Monthly Unit Price X 12 mos.)

0001 5.1-5.4 Estimated 12 Months $ $ 0002 5.5-5.6 * * $

The PRICE PROPOSAL WORKBOOK, ATTACHMENT 3, for this solicitation is to be completed by the offeror. The Firm-Fixed Price rates submitted in ATTACHMENT 3 – PRICE PROPOSAL WORKBOOK, will be incorporated into the resultant contract as firm fixed prices for both CLIN 0001 and CLIN 0002. Reference Items are to be utilized by the offeror in preparation of prices for CLIN 0002 Task Orders when Task Orders are issued.

CLIN 0001 reflects all work associated with Remediation Service Operation and Maintenance (O&M) in accordance with the PWS Work Elements 5.1-5.4, and DLA Energy issued Task Orders. Task Orders issued under CLIN 0001 will be issued as needed every 12 months in accordance with FAR 52.216-18, FAR 52.216-19, and FAR 52.216-22. The price of the 12 month Task Order is Firm Fixed Price and will not be negotiable during the contract Period of Performance. The awardee will have the capability to invoice on a monthly basis. The Task Order will encompass all O&M requirements as reflected in PWS Work Elements 5.1 – 5.4. At a minimum, the Government will issue at least one Task Order (12 Months) under CLIN 0001. At maximum, the Government will issue 4 Task Orders (48 months) under CLIN

CLIN 0002 reflects all work associated with PWS Work Elements 5.5-5.6. Task Orders issued under CLIN 0002 will be issued as needed using Reference Items 001-216 [PRICE PROPOSAL WORKBOOK, ATTACHMENT 3] in accordance with FAR 52.216-18, FAR 52.216-19, and FAR 52.216-22.

Pricing Reference Items: The contractor will use the appropriate Reference Items for pricing proposals under this contract. The definitive list of potential services and deliverables required for a Task Order are listed in CLINS 0001 and 0002 and are included in the PRICE PROPOSAL WORKBOOK. In preparing their proposals, Offerors should note that the Wage Determinations Attachments 4a-4e apply to the geographic area of this solicitation.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT – ATTACHMENT 1

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 performance, 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.

52.246-16 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 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is:

DLA Energy Pacific ATTN: Quality Manager 3 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

E-0002 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

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

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

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

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

(1) Cancel the stop-work order; or

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

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

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

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

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

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

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for

DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information:

Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

SECTION G – CONTRACT ADMINISTRATION DATA

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

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

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

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

(a) Definitions. As used in this clause–

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Definitions. As used in this clause– “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

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

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

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

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

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

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

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

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

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

_______ Invoice 2-in-1 (Services only)_____________________ Note: If a, “Combo,” document type is identified but not supportable by the Contractor’s business systems, an, “Invoice,” (stand-alone) and, “Receiving Report,” (stand-alone) document type may be used instead.)

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SPE600

Admin DoDAAC SPE600

Inspect By DoDAAC DoDAAC: SPE600; Extension: ENVR

Ship To Code Not applicable

Ship From Code Not applicable

Mark For Code Not applicable

Service Approver (DoDAAC) Not applicable

Service Acceptor (DoDAAC) DoDAAC: SPE600; Extension: ENVR

Accept at Other DoDAAC Not applicable

LPO DoDAAC Not applicable

DCAA Auditor DoDAAC Not applicable

Other DoDAAC(s) Not applicable

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

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

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

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

(g) WAWF point of contact.

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

DLA Energy Help Desk, email: bsme.helpdesk@dla.mil Telephone: (800) 446-4950 (Contracting Officer: Insert applicable information or “Not applicable.”)

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

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

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

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

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 – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT 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)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-0001 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN 2012)

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

GENERAL LIABILITY INSURANCE.

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

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

AUTOMOBILE LIABILITY INSURANCE.

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

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

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

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

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

(b) The contracting parties agree to a different definition;

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

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

52.203-3 GRATUITIES (APR 1984)

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

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

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

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

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

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

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

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

52.203-6 -- RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause,

(1) means any person, other than the prime Contractor, who…