RFP_SPE600-17-R-0529_(Yuma).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0069987892

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE600-17-R-0529

5. SOLICITATION NUMBER

2017 SEP 21

6. SOLICITATION ISSUE

DATE

Robin Boateng FBC9220

a. NAME

Phone: 703-767-6750

b. TELEPHONE NUMBER (No Collect calls)

2017 NOV 02

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:

SIZE 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

09:00 AM

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

SPE600-17-R-0529

MCAS YUMA, ARIZONA

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) and Addendum and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is Solicitation SPE600-17-R-0529 for the operation and maintenance of Government-Ownded, Contractor-Operated (GOCO) fuel facilities to include Alongside Aircraft Refuel services 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 GOCO facilities.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts.

C. A pre-proposal conference is scheduled for October 12, 2017. (See provision L-0006 L198 PRE-PROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) for details and directions). Interested parties planning to attend should submit names, phone numbers, email address and company represented to Ms. Robin Boateng via email at robin.boateng@dla.mil no later than October 4, 2017. Technical questions should also be submitted via email and all responses will be posted in an Amendment to the solicitation in FedBizOpps.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil. All e-mail proposals MUST include three volumes as outlined below. 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 PDF electronic copy 70 II Offeror Submission

Package (OSP) includes Price Proposal

PDF electronic copy of Attachment II –

OFFEROR SUBMISSION PACKAGE

None

III Past Performance (PPQ) PDF electronic copy None

Note: The Offeror must submit one (1) submission of the technical proposal. The first 50 pages will address the PWS and 20 additional pages will address MCAS Yuma, Arizona PWS in Appendix I that details the site specific requirements for a total of 70 pages for submission.

For Verification of Receipt: Contact Robin Boateng at Robin.boateng@dla.mil (571)-474-5076.

Complete and return the PDF electronic copy of the Offeror Submission Package and the PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO OFFERS-COMMERCIAL ITEMS (JAN 2017) with Addendum (JAN 2017). Your prices must be inserted in Clause B-0001 B34.01 SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submision Package.

E. 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.

F. 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 Lowest Price Technically Acceptable process IAW FAR 15.101-2. See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm-Fixed-Price.

G. 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.

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

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

mailto:bidcustodian@dla.mil mailto:Robin.boateng@dla.mil

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: MCAS Yuma, Arizona Wage Determination: 2015-5474 dated 7/25/2017

K. 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.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS 11

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 11

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENTOFWORK

THE PERFORMANCE WORK STATEMENT IS HEREBY INCORPORATED BY REFERENCE (IBR) AS IF

FULLY SET FORTH HEREIN. SEE ATTACHMENT I

SECTION E - INSPECTION AND ACCEPTANCE

THE QAP PROVISIONS LISTED IN THIS SECTION ARE HEREBY INCORPORATED IN FULL TEXT UNDER

ATTACHMENT VII OF THIS SOLICITATION

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) 12

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

VII

E-0002 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY

CONTRACTS (DLA ENERGY QAP APR 2016)

ATTACH

VII

E-0003 ENEEGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) ATTACH

VII

E-0004 ENERGY QAP E28 CONTRACTOR INSPESTION RESPONSIBILITIES (STORAGE)

(DLA ENERGY DEC 2011)

ATTACH

VII

E-0005 ENERGY QAP E29 INITIAL ON-STATION INSPECTION (AARD) (DLA ENERGY

MAR 1997)

ATTACH

VII

E-0007 ENERGY QAP E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD)

(DLA ENERGY MAR 1981)

ATTACH

VII

E-0008 ENERGY QAP 35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY

DEC 2011)

ATTACH

VII

E-0009 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970) ATTACH

VII

SECTION F- DELIVERIES OR PERFORMANCE 12

52.242-15 STOP-WORK ORDER (AUG 1989) (IBR) 12

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 12

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY

APR 1997)

SECTION G - CONTRACT ADMINISTRATION DATA 13

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012) (IBR)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2013) 14

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 16

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

DEC 1999)

G-0003 G21 DESIGNATION OF PROPERTY ADMINISTRATOR (DLA ENERGY MAY 2009) 17

G-0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 17

SECTION H - SPECIAL CONTRACT REQUIREMENTS 17

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 17

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 18

52.202-1 DEFINITIONS (NOV 2013) (IBR) 19

52.203-3 GRATUITIES (APR 1984) (IBR) 19

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

ALTERNATE I (OCT 1995) (IBR)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010) (IBR)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) (IBR)

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

PAPER (MAY 2011) (IBR)

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

(IBR)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) (IBR) 19

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

(IBR)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016) (IBR)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(OCT 2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015) (IBR)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) 19

ADDENDUM 1 to 52.212-4

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (JAN 2017) References 52.243-1 CHANGES-FIXED PRICE

W/ALTERNATE II (AUG 1987/APR 1984)

ADDENDUM 2 to 52.212-4

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS (JAN 2017) References 52.215-8 ORDER OF PREEDENCE

UNIFORM CONTRACT (OCT 1997)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 33

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 33

52.219-4 NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS

(OCT 2014) (IBR)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016) (IBR) 33

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017) (IBR) 33

52.219-14 LIMITATION ON SUBCONTRACTING (JAN 2017) (IBR) 33

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997) (IBR) 33

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (IBR) 33

52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) 33

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) 38

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS

– PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY

2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) (IBR) 39

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) 39

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER (13706) (JAN 2017) 41

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (IBR) 45

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011) 45

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (IBR) 46

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 46

52.232-17 INTEREST (MAY 2014) (IBR) 46

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (IBR)

52.233-1 DISPUTES (MAY 2014) (IBR) 47

52.233-3 PROTEST AFTER AWARD (AUG 1996) (IBR) 47

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IBR) 47

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

(APR 1984) (IBR)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) (IBR) 47

52.242-13 BANKRUPTCY (JUL 1995) (IBR) 47

52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALTERNATE 1 (APRIL 2012) (IBR) 47

52.245-9 USE AND CHARGES (APR 2012) (IBR) 47

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 47

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 47

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (IBR) 47

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) (IBR) 47

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(OCT 2016) (IBR)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT- RELATED FELONIES (DEC 2008) (IBR)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP

2013) (IBR)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) (IBR) 47

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) (IBR) 47

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (IBR) 48

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

(OCT 2016) (IBR)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016) (IBR)

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) (IBR)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (DEVIATION 2016-

O0009) (AUG 2016) (IBR)

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

2016) (IBR)

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

MATERIALS-BASIC (SEP 2014) (IBR)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015) (IBR)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP

2004) (IBR)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 48

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013) (IBR)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) (IBR) 49

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012) 49

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JUN 2013) (IBR)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED

PROPERTY (APR 2012) (IBR)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012) (IBR) 50

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION(APR

2012) (IBR)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (SEP 2016) (IBR) 50

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

OPERATIONS (OCT 2010) (IBR)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC (APR 2014) (IBR) 50

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) (IBR) 50

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) (IBR) 50

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC

2016)

I-0001 I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) 50

I-0002 I1.01-9 DEFINITIONS (CONT’D) (AARD/TESTING) (DLA ENERGY JUN 2009) 53

I-0003 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE –

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I-0004 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS

(DLA ENERGY JAN 2012)

I-0005 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 55

I-0006 I119.04 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA

ENERGY AUG 2017)

I-0007 I121 CUSTODY OF PERTROLEUM PRODUCT (DLA ENERGY APR 1968) 61

I-0008 I122 USE OF FACILITIES (DLA ENERGY APR 2009) 62

I-0009 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991) 62

I-0010 I130 RISK OF LOSS OR DAMAGE TO GOVERNMENT-OWNED AND/OR

CHARTERED AIRCRAFT (DLA ENERGY APR 1968)

I-0011 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 63

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

(SEP 2009)

SECTION J – ATTACHMENTS

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

RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 64

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITITES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREMENTS OR STATEMENTS-

REPRESENTATION

52.204-5 WOMAN-OWNED BUSINESS OTHER THAN SMALL BUSINESS (OCT 2014) 66

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 66

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) 67

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) 67

52.209-5 CERTIFICATION REGARDING RESPONSIBILTY MATTERS (OCT 2015) 68

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 69

52.209-11 REPRESENTATIONS BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(APR 2016) ALTERNATE I (OCT 2014)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 90

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015) (IBR)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATION (OCT 2015) (IBR)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011) (IBR)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN

2015) (IBR)

252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

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

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 93

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 93

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 94

K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 94

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 94

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 94

52.212-1 INSTRUCTIONS TO O – COMMERCIAL ITEMS (JAN 2017) 96

ADDENDUM to 52.212-1

INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017) 99

52.216-1 TYPE OF CONTRACT (APR 1984) 104

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

1999)

52.233-2 SERVICE OF PROTEST (SEP 2006) 104

52.237-1 SITE VISIT (APR 1984) 105

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 105

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 105

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) (IBR) 105

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016) (IBR)

252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT

(JUN 2010) (IBR)

252.215-7008 ONLY ONE OFFER (OCT 2013) 105

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 107

L-0002 L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989) 107

L-0003 L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 108

L-0004 L73 INSPECTION OF PREMISES (AARD) (DLA ENERGY FEB 1970) 108

L-0005 L-82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 109

L-0006 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 109

SECTION M – EVALUATION FACTORS FOR AWARD 109

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 109

52.217-5 EVALUATION OF OPTIONS (JUL 1990) (IBR) 114

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

1997)

*IBR – Incorporated by Reference

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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

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

The Contractor shall provide ground fuel and aircraft fuel services in support of Marine Corps Air Station (MCAS) Yuma, Arizona. These services include management, operation, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Government-Owned, Contractor-Operated (GOCO) facilities.

LINE ITEM 0001: CONUS GOCO Storage Services, V20000040: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours April 01, 2018 through 1200 hours March 31, 2022.

PLACE(S) OF PERFORMANCE: MCAS Yuma, Arizona

The offered price per month for performing these services at the location(s) above is $____________________

ITEM NO SUPPLIES/SERVICES QUALITY UNIT UNIT PRICE TOTAL

0001 M1GC 48 Months $__________ $______________ (April 01, 2018 through 1200 hours March 31, 2022)

LINE ITEM 0002 (OPTION 1): CONUS GOCO Storage Services, V20000048: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours April 01, 2022 through 1200 hours March 31, 2026.

PLACE(S) OF PERFORMANCE:

The offered price per month for performing these services at the location(s) above is $

ITEM NO SUPPLIES/SERVICES QUALITY UNIT UNIT PRICE TOTAL

0002 M1GC 48 Months $__________ $______________ (April 01, 2022 through 1200 hours March 31, 2026)

All General and Administrative (G&A) expenses and profit will be included in the monthly price for respective locations. For purposes of price evaluation, the extension period under FAR 52.217-8 – OPTION TO EXTEND SERVICES will be determined based on monthly service charge under Option 1 for an additional 6-month period.

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

THE PERFORMANCE WORK STATEMENT IS HEREBYINCORPORATED BY REFERENCE AS IF FULLY

SET FORTH HEREIN. SEE ATTACHMENT I..

SECTION E – INSPECTION AND ACCEPTANCE

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

THE QUALITY ASSURANCE PROVISIONS (QAP) LISTED IN THIS SECTION ARE HEREBY

INCORPORATED IN FULL TEXT UNDER ATTACHMENT VII OF THIS SOLICITATION

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

E-0002 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA

ENERGY QAP APR 2016)

E-0003 ENEEGY QAP E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

E-0004 ENERGY QAP E28 CONTRACTOR INSPESTION RESPONSIBILITIES (STORAGE) (DLA ENERGY

DEC 2011)

E-0005 ENERGY QAP E29 INITIAL ON-STATION INSPECTION (AARD) (DLA ENERGY MAR 1997)

E-0006 ENERGY QAP E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2002)

E-0007 ENERGY QAP E30.01 DESIGNATION OF QUALITY REPRESENTATIVE (AARD) (DLA ENERGY

MAR 1981)

E-0008 ENERGY QAP 35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0009 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F - DELIVERIES OR PERFORMANCE

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

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.

https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/

(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.

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY APR 1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminal at Defense Fuel Support Point MCAS Yuma, Arizona in accordance with all terms and conditions set forth herein for the period of 12:00 noon, April 1, 2018 through 12:00 noon, March 31, 2022.

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012) (IBR)

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) ___________________________________________________________

(Contracting Officer: Insert applicable document type(s).

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.”) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SPE600

Admin DoDAAC SPE600

Inspect By DoDAAC SE5C08; Extension REFUEL

Ship To Code Not Applicable

Ship From Code Not Applicable

Mark For Code Not Applicable

Service Approver (DoDAAC) Not Applicable

Service Acceptor (DoDAAC) SPE600; REFUEL

Accept at Other DoDAAC Not Applicable

LPO DoDAAC Not Applicable

DCAA Auditor DoDAAC Not Applicable

Other DoDAAC(s) Not Applicable

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

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

__Not Applicable_________________________________________________

(g) WAWF point of contact.

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

DLA Energy Help Desk Email: bsme.helpdesk@dla.mil Phone: (800) 446-4950

(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 DEC 1999)

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

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

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

mailto:bsme.helpdesk@dla.mil

(DO NOT EXCEED 153 CHARACTERS)

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

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

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

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

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

(a) In the event the Government requires guard service and/or other protective services or facilities not otherwise provided by the Contractor pursuant to the terms of this contract, the Government shall have the right--

(1) To provide such service; or

(2) To require the Contractor to provide such guard service; and/or

(3) To require the Contractor to provide such other protective services or facilities.

(b) The actual cost of providing said services or facilities under (2) and/or (3) above will be for the account of the Government and will be recognized by a modification to this contract.

H-0002 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY

JAN 2012)

(a) Immediately upon the discovery of a petroleum spill, leak, or seepage involving Defense Logistics Agency Energy (DLA Energy) owned product, the Contractor shall notify, by telephone, (1) the Quality Representative, (2) the designated Defense Energy Region, and (3) the Administrative Contracting Officer (ACO).

In addition, if the said spill, leak, or seepage has reached, or if it might possibly reach, navigable waters, the Contractor shall immediately notify the Coast Guard by telephone (800) 424-8802, the appropriate Federal and State officials designated in State laws, and the ACO.

(b) Immediately upon discovery of a petroleum spill, leak, or seepage, the Contractor shall take all practicable measures available to contain and prevent further spreading of such spill, leak, or seepage. Measures taken by the Contractor will be in compliance with all local, State, and Federal laws and regulations.

(c) Any Contractor whose terminal stores product exclusively for DLA Energy use shall prepare and submit an approved Spill Prevention Control and Countermeasure Plan, Oil Pollution Prevention Operations Manual, and Oil Spill Contingency Plan, as applicable. These documents shall be submitted to the ACO and the Defense Energy Region specified in the DESIGNATION OF THE DEFENSE ENERGY REGION contract text of this solicitation as soon as practicable after contract award, but no later than 60 days after award notification. The Contingency Plan shall include, but not be limited to, (1) Contractor in-house capability and facilities, or (2) the preselection of a local agency, cooperative, or firm capable of and willing to provide cleanup services of this nature.

(d) The Contractor shall be responsible for maintaining current telephone numbers of the agencies cited herein and in the Contingency Plan upon commencement of the contract period.

H-0003 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) (IBR)

52.203-3 GRATUITIES (APR 1984) (IBR)

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

ALTERNATE I (OCT 1995) (IBR)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010) (IBR)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) (IBR)

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

(MAY 2011) (IBR)

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

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

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016) (IBR)

52.209-6 -- PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015) (IBR)

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

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

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

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

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

(c) Changes. See Addendum with Clause 52.243-1 CHANGES.

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

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

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

(g) Invoice.

(1) The Contractor shall submit an electronic invoice to the address designated in the contract to receive invoices.

An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

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

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

(m)…