SPE600-17-R-0522_NB_Coronado,_CA_Solicitation_May_30,_2017.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0064613295

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-17-R-0522

5. SOLICITATION NUMBER

2017 MAY 30

6. SOLICITATION ISSUE

DATE

Joy Mack FCP0065

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Phone: 703-767-0682

2017 JUN 29

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE600

DLA ENERGY

8725 JOHN J KINGMAN RD STE 4950

FT BELVOIR VA 22060-6222

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

493190NAICS:

$27.5 MillionSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SPE600-17-R-0522

NB Coronado, CA

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See Addendum to FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017), 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) and Addendum for complete instructions on how to submit a proposal.

A. Attached is Solicitation SPE600-17-R-0522 for the management, operation, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Navy facilities as the fillstands at Naval Base Coronado. Naval Base Coronado consists of four geographically separated fuel facilities: Naval Air Station North Island, Coronado; Naval Amphibious Base, Coronado; Naval Outlying Landing Field, Imperial Beach; Naval Auxiliary Landing Field, San Clemente Island. The facilities fall under the Fleet Logistics Center (FLC) San Diego. in accordance with the attached performance work statement. These services include management, operation, maintenance, product quality surveillance, inventory control and accounting, serurity, safety, and environmental protection of the Government Owned, Contractor-Operated (GOCO) facilities.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts. The point of contact for Small Business Affairs is Mr. Gregory Thevenin, 703-767-9465.

C. A pre-proposal conference was conducted on April 17, 2017. (See provision L-0006 L198 PRE-PROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) for details and directions). Technical questions should also be submitted via email and all responses will be posted in an Amendment to FedBizOpps. Address for the conference/meeting room for the pre-proposal conference was announced in an Amendment posted to FedBizOpps. The due date for submission of questions to be answered by amendment is June 9, 2017 at 3:00PM Ft. Belvoir, VA Time.

D. DLA ENERGY-FESBA is the designated office for receipt of offers. Your proposal must be received no later than 03:00 PM local Fort Belvoir, VA time on June 29, 2017. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer Under Solicitation SPE600-17-R-0522.” 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-FESAB, Bid Custodian Room 2945 ATTN: DLA Energy-FESAB, Bid Custodian Room 2945 Defense Logistics Agency Energy Joy Mack /Telephone: (703) 767-0682 8725 John J. Kingman Road, Suite 2945 Defense Logistics Agency Energy Fort Belvoir, Virginia 22060-6222 8725 John J. Kingman Road, Suite 2945

Fort Belvoir, Virginia 22060-6222

For Verification of Receipt: Contact Joy Mack at joy.mack@dla.mil (703) 767-0682

E. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil. All e-mail proposals MUST be followed-up with the hard copy (consisting of two volumes as outlined below) NO LATER THAN (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offerors’ proposals shall be prepared in three (3) separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Required Page Limit I Technical Proposal 1 original and 1 PDF electronic copy 70 II Offeror Submission

Package (OSP) includes Price Proposal

1 original and 1 PDF electronic copy of Attachment II – OFFEROR SUBMISSION

PACKAGE

None

III Past Performance (PPQ) I PDF electronic copy None

Do not return the entire solicitation package. Simply complete and return one original, and one PDF electronic copy of the Offeror Submission Package and one original and one PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017) with Addendum (SEP 2016).

Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submission Package.

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

G. The Government intends to evaluate proposals and award contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use Source Selection Procedures using the trade-offs process IAW FAR15.101-1. See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm-Fixed-Price.

H. NOTICE REGARDING SUSPENSIONS/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.

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

J. DEPARTMENT OF LABOR WAGE DETERMINATIONS: The minimum wage rates and fringe benefits applicable to the period of performance are contained in the following Wage Determination (See Attachment III):

Location: Coronado, CA WAGE DETERMINATION: CBA-2017-9844, dated November 9, 2015.

CBA District Lodge 1125, Local Lodge 725, dated November 30, 2015 – November 30, 2018.

K. Tax Exempt Number: For the Defense Logistics Agency- Energy is : 31-4420477.

L. Pricing of Services:

1. The prices submitted must be inclusive of all direct costs, indirect costs, and profit. Offerors MUST include ALL cost associated with providing the services described herein.

2. The Government SHALL NOT be responsible for compensating the Contractor for any cost tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

TABLE OF CONTENTS

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS………………………………………………………………….12

B‐0001 B 34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION E INSPECTION AND ACCEPTANCE

52.246‐04

252.246‐7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

E‐0001 ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF SERVICES (DLA ENERGY JAN 2012)

E‐0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

E‐0003 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

APR 2016)

E‐0004 ENERGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E‐0005 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY DEC 2011)

E‐0006 ENERGY QAP E29 INITIAL ON‐STATION INSPECTION (AARD) (DLA ENERGY MAR 1997)

E‐0007 ENERGY QAP E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

E‐0008 ENERGY QAP E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD) (DLA ENERGY MAR 1981)

E‐0009 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F DELIVERIES OR PERFORMANCE

52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.242‐15 STOP‐WORK ORDER (AUG. 1989)

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

F‐0002 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY (APR 2014)

SECTION G CONTRACT ADMINISTRATION DATA

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

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

252.232‐7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2013) DFARS

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

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

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

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

SECTION H SPECIAL CONTRACT REQUIREMENTS

H‐0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982)

H‐0002 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN 2012)

H‐0003 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN 2012)

SECTION I - CONTRACT CLAUSES

52.202‐1 DEFINITIONS (NOV 2013)

52.203‐3 GRATUITIES (APR 1984)

52.203‐11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007) 29

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

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

52.204‐9 PERSONAL IDENTIFY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) WITH ADDENDUM (APR 1984)

ADDENDUM 1 TO 52.212‐4

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

ADDENDUM 2 TO 52.212‐4

52.215‐8 ORDER OF PRECEDENCE – UNIFORM CONTRACT (OCT 1997)

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

ITEMS (JAN 2017)

52.219‐4 Notice of Price Evaluation for HUBZone Small Business Concerns (Oct 2014)

52.219‐9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

52.222‐1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222‐41

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

52.222-43

52.222-55 -- MINIMUM WAGES UNDER EXECUTIVE ORDER 13658. (DEC 2015)

52.223‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) 55

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

52.223‐10 WASTE REDUCTION PROGRAM (MAY 2011)

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

52.224‐1 PRIVACY ACT NOTIFICATION (APR 1984)

52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

52.228‐5 INSURANCE ‐‐ WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.232‐8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232‐9 LIMITATION OF WITHHOLDING OF PAYMENTS (APR 1984)

52.232‐17 INTEREST (MAY 2014)

52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2014)

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

52.233‐1 DISPUTES (MAY 2014)

52.233‐3 PROTEST AFTER AWARD (AUG 1996)

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

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

52.237‐3 CONTINUITY OF SERVICES (JAN 1991)

52.242‐13 BANKRUPTCY (JUL 1995)

243.204‐71 CERTIFICATION OF REQUESTS FOR EQUITABLE ADJUSTMENT

52.245‐1 GOVERNMENT PROPERTY (JAN 2017)

52.245‐9 USE AND CHARGES (APR 2012)

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

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

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

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐ RELATED FELONIES (DEC 2008) 71

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

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

252.203‐7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204‐7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

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

252.204‐7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)

252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

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

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

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

252.211‐7008 USE OF GOVERNMENT‐ASSIGNED SERIAL NUMBERS (SEPT 2010)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT ( DEC 2012)

252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2013)

252.245‐7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT‐FURNISHED PROPERTY (APR 2012)

252.245‐7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)

252.245‐7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION

(APR 2012)

52.204‐9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015)

52.233‐9000 AGENCY PROTESTS (NOV 2011)

52.233‐9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

52.249‐9000 ADMINISTRATIVE COSTS OF EPROCUREMENT AFTER DEFAULT (MAY 1988) ‐ DLAD

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

I‐0002 I1.01‐9 DEFINITIONS (CONT’D) (AARD/TESTING) (DLA ENERGY JUN 2009)

I‐0003 I11.01‐2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA

ENERGY FEB 1996)

I‐0004 I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT ‐‐ PAYROLL TAX ADJUSTMENT (DLA ENERGY JAN 2012) 89

I‐0005 I116 RESPONSIBILITY FOR GOVERNMENT‐OWNED PETROLEUM PRODUCTS (DLA ENERGY JAN 2012)

I‐0006 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012)

I‐0007 I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY JAN 2012)

I‐0008 I121 CUSTODY OF PETROLEUM PRODUCT (DLA ENERGY APR 1968)

I‐0009 I122 USE OF FACILITIES (DLA ENERGY APR 2009)

I‐0010 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991)

I‐0011 I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT‐OWNED AND/OR CHARTERED AIRCRAFT (DLA ENERGY APR 1968) .. 95

I‐00012 I147 DEMURRAGE (DLA ENERGY NOV 1989)

I‐0013 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

I‐0014 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) (DLA ENERGY APR 2009)

SECTION J – ATTACHMENTS

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

RESPONDENTS

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

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

52.209‐5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS ‐‐ COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

52.219‐1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) ALT 1 (SEP 2015)

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

OR TRANSACTIONS RELATING TO IRAN‐REPRESENTATION AND CERTIFICATION (OCT 2015)

252.209‐7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE

LAW (DEVIATION MAR 2012‐O0007)

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

CONVICTION UNDER ANY FEDERAL LAW DEVIATION 2012‐O0004) (JAN 2012)

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

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

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

K‐0003 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014)

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

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.212‐1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO 52.212‐1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.232‐38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL

2013) 124

52.233‐2 SERVICE OF PROTEST (SEP 2006)

52.237‐1 SITE VISIT (APR 1984)

52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.209‐7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

52.215‐9002 SOCIOECONOMIC PROPOSAL (FEB 2012)

52.215‐9003 USE OF PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM – STATISTICAL

REPORTING (PPIRS‐SR) INFORMATION IN PAST PERFORMANCE EVALUATION (APR

2014) 126

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

L‐0002 L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989)

L‐0003 L2.11‐4 EMAIL PROPOSALS (DLA ENERGY OCT 2010)

L‐0004 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009)

L‐0005 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009)

SECTION M – EVALUATION FACTORS FOR AWARD

52.212‐2 EVALUATION ‐‐ COMMERCIAL ITEMS (OCT 2014)

52.217‐5‐ Evaluation of Options (Jul 1990)

M‐0003 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B-0001 B 34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows: The Contractor shall provide aircraft fuel and ground fuel services support of Naval Base at Coronado, CA to include Naval Air Station North island, Coronado (NASNI);

Naval Amphibious Base, Coronado (NAB), Naval Outlying Landing Field, Imperial beach (NOLF IB), Naval Auxiliary Landing Field, and San Clemente Island (NALF SCI). These services include management, operations, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Government Owned, Contractor- Operated (GOCO) facilities.

Period of Performance: BASE PERIOD – July 01, 2017 through June 30, 2021 OPTION PERIOD – July 01, 2021 through June 30, 2026

Line Item 0001: CONUS GOCO Storage Services V20000040 (Firm- Fixed Price): Base Period: July 01, 2017 through June 30, 2021 The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with Performance Work Statement, Section C, and all other terms and conditions set forth herein, for this performance period.

CONUS GOCO Storage Services: M1GC/V20000040 ________________ x 48 (months) = $ _________________ (Monthly Charge) (Total Base Period)

NOTE: All G&A and profit for these line items must be included in CLIN 0001.

Line Item 0002: CONUS GOCO Storage Services V20000042 (Firm- Fixed Price): Option Period: July 01, 2021 through June 30, 2026 The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with Performance Work Statement, Section C, and all other terms and conditions set forth herein, for this performance period.

CONUS GOCO Storage Services: M1GC/V20000040 ________________ x 60 (months) = $ __________________ (Monthly Charge) (Total Option Period)

NOTE: All G&A and profit for these line items must be included in CLIN 0002.

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Refer to Attachment I: Performance Work Statement (PWS) NB Coronado, CA

SECTION E INSPECTION AND ACCEPTANCE

52.246-04

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

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

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

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

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

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

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

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

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

(2) Terminate the contract for default.

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

E-0001 ENERGY QAP E1.01 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT INSPECTION OF

SERVICES (DLA ENERGY JAN 2012)

If any inspection or test is made by the Government on the premises of the Contractor or subcontractor, the Contractor without additional charge shall provide all reasonable facilities and assistance for the safety and convenience of the Government inspectors in the performance of their duties.

E-0002 ENERGY QAP E1.11 QUALITY CONTROL PLAN (DLA ENERGY MAR 2000)

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

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

(1) Receiving (both product and additives);

(2) Blending;

(3) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

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

(8) Quantity measurement;

(9) Records and reports; and

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

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

E-0003 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY

APR 2016)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b).

The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this contract provision shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 1 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 2 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas – West).

2 The Newcastle, Wyoming, area is assigned to Code 110 (DLA Energy Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 200 3 Egypt 4003 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/120 4 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 200

EXCEPTIONS:

3 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA

Energy Europe (Code 200).

4 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince

Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East ATTN: Quality Manager 5

Federal Building, Suite 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 750-9514/9561

FAX: (713) 750-0041

120. DLA Energy Americas West

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

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/2286 6

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

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

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-1785-6493 6

FAX: 973-1785-4650 6

[Location: Bahrain]

5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

6 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E-0004 ENERGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

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

E-0005 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY

DEC 2011)

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

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

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

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

MINIMUM

METHOD OF SHIPMENT MINIMUM QUANTITY RETENTION PERIOD

Pipeline 20 liters 60 days Tanker/Barge Parcel Composite 20 liters 90 days Each compartment 0.5 liters 90 days Navy Fleet Oilers/Vessels 10 liters 60 days

Tank Truck/Car 1 liter 15 days

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

Sample containers may be reused if properly cleaned.

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

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

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

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

(7) Determining the visual color of products.

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

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

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

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

Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge.

The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the attachment to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING.

Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) contract provision.

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

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

E-0006 ENERGY QAP E29 INITIAL ON-STATION INSPECTION (AARD) (DLA ENERGY MAR 1997)

(a) INSPECTION. The initial on-station inspection is for the sole benefit of the Government and the Government may partially or totally waive its right of inspection at its discretion. The date, time, and place of inspection may be changed by the mutual agreement of the parties.

(b) TIMEFRAME. Unless notified otherwise, all equipment shall be available for Government inspection at the installation where services are to be performed four calendar days prior to the start of the delivery period. No work may be performed on the equipment during the inspection period except as permitted by the Government. The Government will complete inspection of the Contractor's equipment no later than the calendar day preceding the date aircraft fuel delivery services are to commence.

(c) ENTRY. The Contractor is responsible for making necessary arrangements with the Commanding Officer of such installation or an authorized representative regarding entry into the installation.

(d) TANK INTERIORS. Equipment presented for inspection shall be vapor free.

(e) FILTRATION MEDIA. If requested by the Government, the Contractor shall be responsible for disassembling filtration units to facilitate the inspection. The Contractor shall present, at the time of the inspection, written certification attesting to the last date on which each filter element was changed and shall provide a historical record denoting pressure drip data for each filter element (if such certification and pressure drip data exists).

(f) CONTRACTOR REPRESENTATIVE. Representation by the Contractor at the inspection shall be limited to one individual except when additional personnel have been specifically authorized by the Government.

(g) DEFAULT. If the Contractor fails to make the equipment available on the date specified or otherwise mutually agreed upon, or if the inspection discloses that the equipment is not in conformance with contract requirements, the Government may terminate this contract for default.

(h) REINSPECTION. If the Government discovers equipment deficiencies during the initial inspection, the Government may, at its discretion, conduct a reinspection at the Contractor’s expense.

E-0007 ENERGY QAP E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

The outdoing Contractor, during the last 15 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-0008 ENERGY QAP E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD) (DLA ENERGY

MAR 1981)

Responsibility for the inspection of the quality of performance of services and of the equipment used in the performance of the services under this contract is assigned to the Commanding Officer at the location at which these services are performed.

E-0009 ENERGY QAP 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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor 30 days in advance of the start date of the option; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (nine) 9 years and (six) 6 months.

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…