RFP-FEDBIZOPS-SPE60115R0302.pdf
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- SPE60115R0302
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Defense Logistics Agency Energy
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0055715340
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SPE601-15-R-0302
5. SOLICITATION NUMBER
2014 NOV 24
6. SOLICITATION ISSUE
DATE
Marcus Evans POEFEMA
a. NAME
Phone: 210-925-2114
b. TELEPHONE NUMBER (No Collect calls)
2014 DEC 30
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SPE601
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
SAN ANTONIO TX 78226
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
325120NAICS:
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)
DO-C9
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
35PAGE 1 OF
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)
CONTINUED ON NEXT PAGE
PART I – SF 1449 CONTINUED
1. The Government intends to solicit on a unrestricted Full and Open Competition basis for the f.o.b.
destination delivery of (a) Liquid Nitrogen Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011, NSN:
6830-00-285-4769 and (b) Aviator’s Breathing Oxygen, Type II, IAW MIL-PRF-27210J dated 7 Aug 2013, NSN:
6830-00-808-9531. The Contractor shall provide all supplies, management, tools, equipment, labor, and transportation necessary for the delivery of ABO/LN2 into Government-owned storage tanks located at Al Dhafra AB, UAE and Al Udeid AB, Qatar as outlined in the Statement of Objectives ("SOO").
2. All offerors shall comply with the requirements listed in Section L and all offerors will be evaluated in accordance with Section M. As a result, evaluation and award of resultant contract(s) will be based on a product by product, location by location basis and accompanying services for each location. As a result, the solicitation may result in up to three (3) separate contracts.
3. As a result of automation efforts within the Defense Logistics Agency, DLA Energy’s clause numbering process has been revised. The revised process simply encompasses re-naming DLA – Energy -specific clauses and provisions to "Internal Provisions" for solicitations and "Internal Instructions" for contracts. Throughout the solicitation, applicable current DLA Energy clause numbers have simply been changed to add an "INT" to the beginning of the clause . Also, FAR, DFARs, and DLAD clauses will no longer have unique DLA Energy clause numbers. Rather, they will be identified by the applicable cite in the regulation where the clause can otherwise be found. As an example, DLA Energy's clause B1.09-2 will now be labeled INT-B1.09-2. Also, the FAR clause 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS, is no longer identified as DLA Energy Clause I1.04, but simply as 52.212-5, it’s FAR cite. If you have any questions about DLA Energy's new clause numbering process, please contact Marcus Evans at 210-925-2114 or email: marcus.evans5@dla.mil
4. Central Contractor Registration (CCR) is required and is available at www.sam.gov.
5. The clauses and provisions shown throughout this solicitation and any resultant contract that have only the clauses/provision number, title, and date that is shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE or FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE, as applicable. Although automatically generated in this solicitation and any resultant contract award, the following provisions and clauses do not apply:252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS52.212-03 Offeror Representations and Certifications - Commercial Items (May 2014) FAR 52.212-03 Offeror Representations and Certifications- Commercial Items (NOV 2011) ALT I (MAY 2014) FAR
6. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Preaward Survey (PAS) in accordance with FAR Part 9.106-1. If requested, the offeror and its employees, including those at the fill point and/or production facility, shall be required to participate fully in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation by the QAR as a result of the PAS that is other than "Full Award," with the offeror during negotiations. This will allow the offeror an opportunity to respond or otherwise provide information in its Final Proposal Revision as to how the offeror intends to correct the issue(s) and/or QAR concern(s) that led to an other than "Full Award" recommendation.
PAGE 3 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SPE601-15-R-0302
SUPPLIES/SERVICES: 6830-00-808-9531
ITEM DESCRIPTION:
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 6830-00-808-9531 48,000.000 GL $ ________________ $ ________________
OXYGEN,AVIATOR'S
BR
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 10% MINUS 10%
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL DHAFRA AB, UAE
CONTRACT PERIOD: ONE
1 July 2015 through 30 June 2016
0002 6830-00-808-9531 48,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PAGE 4 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 6830-00-808-9531 CONT'D
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL DHAFRA AB, UAE
CONTRACT PERIOD: TWO
1 July 2016 through 30 June 2017
0003 6830-00-808-9531 48,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL DHAFRA AB, UAE
CONTRACT PERIOD: THREE
1 July 2017 through 30 June 2018
0004 6830-00-808-9531 48,000.000 GL $ ________________ $ ________________
PAGE 5 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL DHAFRA AB, UAE
CONTRACT PERIOD: FOUR
1 July 2018 through 30 June 2019
0005 6830-00-808-9531 48,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL DHAFRA AB, UAE
CONTRACT PERIOD: FIVE
1 July 2019 through 30 June 2020
Detention Fee
PAGE 6 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000001 CONT'D
0006 0001 - S20000001 1.000 QH $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000001
SERVICES, DETENTION COST
IAW F3.10 Transport Truck and Trailer Free Time and Detention Rates (f.o.b. . Destination)) POP: 1 July 2015 through 30 June 2020
Fill Line Restriction Orifice
0007 0001 - S20000006 2.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000006
SERVICES, TANK OVER-PRESSURE PROTECTION
IAW SOO paragraph titled "Tank Over-Pressure Protection" (f.o.b. destination)
Tank Hot Fill
PAGE 7 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000002 CONT'D
0008 0001 - S20000002 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000006
SERVICES, HOT FILL
IAW SOO Paragraph Titled " Hot Fills" For services over and above the cost for product consumed during the cool-down of a tank
Expedited/Emergency Delivery
0009 0001 - S20000005 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000005
SERVICES, EMERGENCY DELIVERY
IAW SOO Paragraph Titled "Product Delivery"
PAGE 8 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 0055715340 0001 N/A N/A ABO N/A
0002 0055715340 0002 N/A N/A ABO N/A
0003 0055715340 0003 N/A N/A ABO N/A
0004 0055715340 0004 N/A N/A ABO N/A
0005 0055715340 0005 N/A N/A ABO N/A
0006 0055715340 0006 N/A N/A N/A N/A 0007 0055715340 0007 N/A N/A N/A N/A 0008 0055715340 0008 N/A N/A N/A N/A 0009 0055715340 0009 N/A N/A N/A N/A
SUPPLIES/SERVICES: 6830-00-808-9531
0010 6830-00-808-9531 300,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
1 July 2015 through 30 June 2016
PAGE 9 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
0011 6830-00-808-9531 300,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
1 July 2016 through 30 June 2017
0012 6830-00-808-9531 300,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
PAGE 10 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
1 July 2017 through 30 June 2018
0013 6830-00-808-9531 300,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
1 July 2018 through 30 June 2019
0014 6830-00-808-9531 300,000.000 GL $ ________________ $ ________________
PAGE 11 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-808-9531 Aviator’s Breathing Oxygen Type II, IAW MIL-PRF-27210J dated 7 August 2013 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
1 July 2019 through 30 June 2020
0015 0001 - S20000001 1.000 QH $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000001
SERVICES, DETENTION COST
IAW F3.10 Transport Truck and/or Truck and Trailer Free Time and Detention Rates (f.o.b. destination)
PAGE 12 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000006 CONT'D
0016 0001 - S20000006 3.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000006
SERVICES, TANK OVER-PRESSURE PROTECTION
IAW SOO Paragraph titled "Tank Over-Pressure Protection"
0017 0001 - S20000002 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000002
SERVICES, HOT FILLS
IAW SOO Paragraph titled "Hot Fills" for services over and above the cost for product consumed during the cool-down of a tank
PAGE 13 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000005 CONT'D
0018 0001 - S20000005 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S200000005
SERVICES, EMERGENCY DELIVERY
IAW SOO Paragraph Titled "Product Delviery"
ITEM PR PRLI PR PRLI Material Need Ship Date .
0010 0055715340 0010 N/A N/A ABO N/A
0011 0055715340 0011 N/A N/A ABO N/A
0012 0055715340 0012 N/A N/A ABO N/A
0013 0055715340 0013 N/A N/A ABO N/A
0014 0055715340 0014 N/A N/A ABO N/A
0015 0055715340 0015 N/A N/A N/A N/A 0016 0055715340 0016 N/A N/A N/A N/A 0017 0055715340 0017 N/A N/A N/A N/A 0018 0055715340 0018 N/A N/A N/A N/A
SUPPLIES/SERVICES: 6830-00-285-4769
PAGE 14 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 6830-00-285-4769 CONT'D
0019 6830-00-285-4769 40,000.000 GL $ ________________ $ ________________
NITROGEN
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-285-4769 Liquid Nitrogen, Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
POP: 1 July 2015 through 30 June 2016
0020 6830-00-285-4769 40,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-285-4769 Liquid Nitrogen, Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
POP: 1 July 2016 through 30 June 2017
PAGE 15 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
0021 6830-00-285-4769 40,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-285-4769 Liquid Nitrogen, Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
POP: 1 July 2017 through 30 June 2018
0022 6830-00-285-4769 40,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
PAGE 16 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
6830-00-285-4769 Liquid Nitrogen, Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
POP: 1 July 2018 through 30 June 2019
0023 6830-00-285-4769 40,000.000 GL $ ________________ $ ________________
INSPECTION POINT: ORIGIN
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
6830-00-285-4769 Liquid Nitrogen, Type II, Grade B, IAW CID A-A 59503C, dated 3 March 2011 DELIVERED f.o.b. DESTINATION TO
AL UDEID AB, QATAR
POP: 1 July 2019 through 30 June 2020
0024 0001 - S20000001 1.000 QH $ ________________ $ ________________
PAGE 17 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000001 CONT'D
PREP FOR DELIVERY:
S20000001
SERVICES, DETENTION COST
IAW F3.10 Transport Truck and Trailer Free Time and Detention Rates (f.o.b. Destination) POP: 1July 2015 through 30 June 2020
0025 0001 - S20000006 2.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000006
SERVICES, TANK OVER-PRESSURE PROTECTION
IAW SOO Paragraph titled " Tank Over-Pressure Protection"
0026 0001 - S20000002 1.000 EA $ ________________ $ ________________
PAGE 18 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
SUPPLY/SERVICE: 0001-S20000002 CONT'D
S20000002
SERVICES, HOT FILL
IAW SOO Paragraph titled " Hot Fills"
0027 0001 - S20000005 1.000 EA $ ________________ $ ________________
ACCEPTANCE POINT: DESTINATION
FOB: DESTINATION DELIVERY DATE:
PREP FOR DELIVERY:
S20000005
SERVICES, EMERGENCY DELIVERY
IAW SOO Paragraph titled " Product Delivery"
ITEM PR PRLI PR PRLI Material Need Ship Date .
0019 0055715340 0019 N/A N/A LNB N/A
0020 0055715340 0020 N/A N/A LNB N/A
0021 0055715340 0021 N/A N/A LNB N/A
0022 0055715340 0022 N/A N/A LNB N/A
0023 0055715340 0023 N/A N/A LNB N/A
0024 0055715340 0024 N/A N/A N/A N/A 0025 0055715340 0025 N/A N/A N/A N/A 0026 0055715340 0026 N/A N/A N/A N/A 0027 0055715340 0027 N/A N/A N/A N/A
PAGE 19 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Part 12 Clauses
52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -
COMMERCIAL ITEMS (JAN 2014) FAR
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ X ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C.
6101 note).
[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).
[ X ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).
[X ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).
[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112- 74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L.
110-161).
[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).
[ ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (11) [Reserved] [ ] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[ ] (ii) Alternate I (NOV 2011) [ ] ( iii) Alternate II (NOV 2011) [ ] (13)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[ ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).
[ ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (OCT 2001) of 52.219-9.
[ ] (iii) Alternate II (OCT 2001) of 52.219-9.
[ ] (iv) Alternate III (JUL 2010) of 52.219-9.
[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).
[ ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
[ ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
[ ] (ii) Alternate I (JUNE 2003) of 52.219-23.
[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).
[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).
[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).
[ ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).
[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013).
PAGE 20 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013).
[ X ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).
[ X ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).
[ ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).
[ ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).
[ X ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .
[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items).
[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
[ ] (ii) Alternate I (DEC 2007) of 52.223-16.
[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78,108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
[ ] (ii) Alternate I (MAR 2012) of 52.225-3.
[ ] (iii) Alternate II (MAR 2012) of 52.225-3.
[ ] (iv) Alternate III (MAR 2012) of 52.225-3.
[ ] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) .
[ X ] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s , proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[ ] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ ] (46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ X ] (47) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ X ] (48) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (49) 52.232-36, Payment by Third Party (JUL 2013 ) (31 U.S.C. 3332).
[ ] (50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[ ] (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] [ ] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U .S.C.
351, et seq.).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 351, et s eq.).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[ ] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247).
[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1 )).
(d) Comptroller General Examination of Record. The Contract or shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
PAGE 21 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(2) The Contract or shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637( d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns ) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities unities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(vii) 52 .222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 965 (NOV 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U .S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 241(b) and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations .
(End of Clause)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS
52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR
52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS
52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014) DLAD
52.211-16 VARIATION IN QUANTITY (APR 1984) FAR
(b) The permissible variation shall be limited to:
10 Percent increase 10 Percent decrease This increase or decrease shall apply to CLINS 0001 thru 0005; 0010 thru 0014 and 0019 thru 0023 .
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
PAGE 22 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
52.216-21 REQUIREMENTS (OCT 1995) FAR
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days after expiration of the ordering period .
(End of Clause)
252.216-7006 ORDERING (MAY 2011) DFARS
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from Date of Award through 30 June 2020 [insert dates].
52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009), ALT I (AUG 2007) FAR
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title: Document may be obtained from:
Applies performance to in/at:
[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the U.S. to which the document applies.]
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (JUN 2012) DFARS
252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (OCT
2010) DFARS
252.225-7013 DUTY-FREE ENTRY (OCT 2013) DFARS
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED
STATES (MAR 2006) DFARS
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [ ] Defense Supply Center Columbus
P.O. Box 3990 ATTN: DSCC-WSP, Bld. 48 Columbus, OH 43218-3990
PAGE 23 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
Telephone: (614) 692-5907 [ ] Defense Supply Center Philadelphia
DSCP FORCE PROTECTION
OFFICER
(DSCP-KS)
Telephone: (215) 737-2248
[ ] Defense Supply Center Richmond 8000 Jefferson Davis Highway ATTN: Security Division Richmond, VA 23297 Telephone: (804) 279-4795
[ ] Other:
52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) FAR
52.229-06 TAXES-FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) FAR
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR
252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) DFARS
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS
52.245-02 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012) FAR
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.
(e) Government property provided under this clause:
(End of clause)
52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) FAR
52.246-9081 CERTIFICATE OF CONFORMANCE (DLA ENERGY) (NOV 2011) DLAD
52.247-34 F.O.B. DESTINATION (NOV 1991) FAR
Part 12 Provisions
52.212-03 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAY 2014) FAR
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquistion.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
PAGE 24 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Inverted domestic corporation” as used in this section, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology” –
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people or Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
PAGE 25 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned –
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at https://www.acquistion.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
PAGE 26 OF 35 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
(6) WOSB concern eligible under the WOSB Program.
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