West Coast Transportation Solicitation SPE602-20-R-0705 (Final).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0083083267

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE602-20-R-0705

6. SOLICITATION ISSUE

DATE

2020 FEB 14

a. NAME

Rafael Gomez PARFJ11

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-9577

8. OFFER DUE DATE/

LOCAL TIME

2020 MAR 16

9. ISSUED BY CODE SPE602

DLA ENERGY

BULK PETROLEUM PRODUCT

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

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

NAICS: 484230

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

01:00 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)

SOLICITATION NOTES

(Unless otherwise stated in the schedule, solicitation notes apply to all line items)

1. To be evaluated for award, one copy of the attached Offer Submission Package must be returned to Defense Logistics Agency Energy. All documents to be completed and returned are contained in the Offer Submission Package or as an attachment to the solicitation on (Beta.SAM.gov). The following documents need to be submitted before the solicitation closing date and time of March 16, 2020 at 1:00 PM, Fort Belvoir, VA time:

a. Signed Standard Form 1449

b. Offer Schedule

c. Offer Submission Package

d. Offer Submission Package Attachments (Past Performance Experience Form and Past Performance

Questionnaire)

e. All Applicable Vendor fill-in clause/provisions:

FAR 52.204-26

FAR 52.209-05

FAR52.209-07

FAR 52.212-03

DFARS 252.209-7998

DFARS 252.209-7999

f. A signed copy of all Amendments (If applicable)

2. Registrations, representations, and certifications are currently maintained electronically at the SYSTEM FOR AWARD MANAGEMENT (SAM) at www.sam.gov [SeeFAR 52.204-13 (OCT 2018) for additional information]. Offerors are encouraged to complete all representations and certifications in SAM.

3. The period of performance for this requirement is a base year (Date of award – July 31, 2021) with four optional performance periods of four years (1 August 2021 – 31 July 2025) to be exercised at the Government’s discretion.

4. Offerors are advised to complete and submit with the offer the original plus one copy of all forms contained in the accompanying Offeror Submission Package. Copies of all documents submitted must be exactly the same as the original. Certification and Representation clauses should be answered in either the affirmative or negative, as applicable. Offer must be signed by an authorized negotiator – see Contract Provision K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) in the Offer Submission Package. Please initial all changes and corrections. Offerors must acknowledge receipt and acceptance of all amendments to this solicitation.

5. NOTICE: Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of contracts with Government agencies, or was in receipt of a notice of proposed debarment from any Government agency, is voidable at the option of the Government.

6. For emergency situations during non-duty hours, the number to contact is (571) 767-8420 at the DLA Energy Operations Center, Contingency Plans and Operations Division (DLA Energy-DL).

7. Pursuant to L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010), offers submitted by e-mail must constitute an offeror’s hard copy. It must contain all required representations and certifications as well as all required signatures. E-mail address in which to submit offers is BulkFuelsBidCustodian@dla.mil.

8. SECTION E QUALITY ASSURANCE PROVISIONS (QAPs): are posted separately on (Beta.SAM.gov) for your convenience. However, please review any updates via the DIBBS website. You will need a DIBBS account to access the Technical Data tab, which leads to the E Folders containing the applicable provisions. The web address is https://www.dibbs.bsm.dla.mil/default.aspx. If you are having problems setting up you DIBBS account, please call the DLA Enterprise Helpdesk at 1-855-352-0001

9. Payment terms for any contract resulting from this solicitation are “Net 30” days.

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

CONTINUED: SPE602-20-R-0705

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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

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

Offer Schedule

Ordering Period: Date of award through July 31, 2021, with four (4) one year option periods.

Delivery Order: August 01, 2020 through July 31, 2021 this includes a 30 day carry over period.

Offered prices:

Base Year: ISO Container - August 01, 2020 through July 31, 2021

CLIN Description Estimated Quantity/Unit Unit Price Quantity Offered

0001 Intermodal Container Transportation (Seattle Area) 150 0002 Container Loading/Offloading/Cleaning (Seattle Area -

Cleaning)

0003 Container/Chasis - Maintenance (Seattle Area) 20

0004 Container/Chassis - Inspection (Seattle Area) 40

0005 Container Storage/MISC Fee (Seattle Area - Storage) 2955

0006 Intermodal Container Transportation (LA Area) 18 0007 Container Loading/Offloading/Cleaning (LA Area -

Cleaning)

0008 Container/Chasis - Maintenance (LA Area) 10

0009 Container/Chassis - Inspection (LA Area) 12

0010 Container Storage/MISC Fee (LA Area - Storage) 594

0011 Container Storage/MISC Fee (Misc Fee) 50

Option Year 1: ISO Container - August 01, 2021 through July 31, 2022

CLIN Description Estimated Quantity/Unit Unit Price Quantity Offered

0001 Intermodal Container Transportation (Seattle Area) 150 0002 Container Loading/Offloading/Cleaning (Seattle Area -

Cleaning)

0003 Container/Chasis - Maintenance (Seattle Area) 20

0004 Container/Chassis - Inspection (Seattle Area) 40

0005 Container Storage/MISC Fee (Seattle Area - Storage) 2955

0006 Intermodal Container Transportation (LA Area) 18 0007 Container Loading/Offloading/Cleaning (LA Area -

Cleaning)

0008 Container/Chasis - Maintenance (LA Area) 10

0009 Container/Chassis - Inspection (LA Area) 12

0010 Container Storage/MISC Fee (LA Area - Storage) 594

0011 Container Storage/MISC Fee (Misc Fee) 50

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

Option Year 2: ISO Container - August 01, 2022 through July 31, 2023

CLIN Description Estimated Quantity/Unit Unit Price Quantity Offered

0001 Intermodal Container Transportation (Seattle Area) 150 0002 Container Loading/Offloading/Cleaning (Seattle Area -

Cleaning)

0003 Container/Chasis - Maintenance (Seattle Area) 20

0004 Container/Chassis - Inspection (Seattle Area) 40

0005 Container Storage/MISC Fee (Seattle Area - Storage) 2955

0006 Intermodal Container Transportation (LA Area) 18 0007 Container Loading/Offloading/Cleaning (LA Area -

Cleaning)

0008 Container/Chasis - Maintenance (LA Area) 10

0009 Container/Chassis - Inspection (LA Area) 12

0010 Container Storage/MISC Fee (LA Area - Storage) 594

0011 Container Storage/MISC Fee (Misc Fee) 50

Option Year 3: ISO Container - August 01, 2023 through July 31, 2024

CLIN Description Estimated Quantity/Unit Unit Price Quantity Offered

0001 Intermodal Container Transportation (Seattle Area) 150 0002 Container Loading/Offloading/Cleaning (Seattle Area -

Cleaning)

0003 Container/Chasis - Maintenance (Seattle Area) 20

0004 Container/Chassis - Inspection (Seattle Area) 40

0005 Container Storage/MISC Fee (Seattle Area - Storage) 2955

0006 Intermodal Container Transportation (LA Area) 18 0007 Container Loading/Offloading/Cleaning (LA Area -

Cleaning)

0008 Container/Chasis - Maintenance (LA Area) 10

0009 Container/Chassis - Inspection (LA Area) 12

0010 Container Storage/MISC Fee (LA Area - Storage) 594

0011 Container Storage/MISC Fee (Misc Fee) 50

Option Year 4: ISO Container - August 01, 2024 through July 31, 2025

CLIN Description Estimated Quantity/Unit Unit Price Quantity Offered

0001 Intermodal Container Transportation (Seattle Area) 150 0002 Container Loading/Offloading/Cleaning (Seattle Area -

Cleaning)

0003 Container/Chasis - Maintenance (Seattle Area) 20

0004 Container/Chassis - Inspection (Seattle Area) 40

0005 Container Storage/MISC Fee (Seattle Area - Storage) 2955

0006 Intermodal Container Transportation (LA Area) 18 0007 Container Loading/Offloading/Cleaning (LA Area -

Cleaning)

0008 Container/Chasis - Maintenance (LA Area) 10

0009 Container/Chassis - Inspection (LA Area) 12

0010 Container Storage/MISC Fee (LA Area - Storage) 594

0011 Container Storage/MISC Fee (Misc Fee) 50

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

REIMBURSABLE EXPENSES TO THE CONTRACTOR: All reimbursable expenses must be approved in advance by the COR. The government will not be liable for any taxes, fees, tariffs, license or other costs or expenses associated with performance on this contract other than specifically referenced herein.

SECTION C – DESCRITION/SPECIFICATIONS/STATEMENT OF WORK

Performance Work Statement 25 Sept 2019

1. Description of Required Services

1.1 Area of Consideration

1.2 ISO Tank Requirement

1.3 Grade of Product

2. Responsibilities

2.1 Contractor Responsibilities

2.2 Government Responsibilities

2.3 Contractor Furnished Equipment

2.4 Government Furnished Equipment

2.5 Reimbursable Expenses

2.6 Performance Objectives

2.7 Insurance Requirements

2.8 General

APPENDIX A: Definitions

APPENDIX B: Abbreviations and Acronyms

APPENDIX C: Performance Objectives

APPENDIX D: MIL-STD-3004-1 (Excerpt)

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

Description of Required Services: Defense Logistics Agency - Energy (DLA-Energy) requires the storage and transportation of Department of Defense (DoD)-Leased Bulk Fuel Containers with Chassis. These Container/Chassis are required to be transported to various locations to be loaded with fuel and fuel related products and then taken to either a discharge location or to a Sea Port of Embarkation (POE) for onward movement. All empty containers will be returned to the storage facility for cleaning, storage and maintenance. The storage capability required for up to 30 containers with chassis. The contractor will perform all annual inspections and associated repairs on the chassis.

Service Required: Services will be required upon award of contract.

Contract Performance Period: The contract performance period shall be for a period of one (1) year with four

(4) one year options.

1.1 Area of Consideration:

Loading Point(s): - Chevron Willbridge Lubricants Plant, Portland Oregon

- DFSP Puget Sounds, Washington

- Port of Seattle, Washington

- Greater Los Angeles, CA Area

- El Segundo, California

- Vernon, California

Discharge Point(s): - Port of Los Angeles / Long Beach, CA

- Port of Seattle, Washington

- Greater Los Angeles, CA Area

- Terminal Island, California

- Greater Portland, OR Area

Storage Point(s): - Greater Los Angeles, CA Area

- Portland/Seattle, Area

1.2 ISO Tank Requirements: ISO tank containers are large stainless steel pressure vessels held within a 20-foot ISO frame that are used for the transportation and storage of bulk liquids between locations.

Average Height: 8’6” Average Width: 20’ Average Length: 8’ Average Max Fill Capacity: 6,340 USG

1.3 Grade of Product:

Fuel System Icing Inhibitor (FSII)

Lube Oil – 6 (LO6) Lube Oil - LTL F24/JAA with additives Above listed products are not all inclusive, the Government reserves the right to add to above list.

2. Responsibilities: The Government and the contractor will operate as a team to assure a high standard are established and maintained in the performance of the contract.

2.1. Contractor Responsibilities:

2.1.1. Contractor Furnished Equipment and Crew: The contractor shall furnish all supplies, materials, equipment, and personnel necessary to perform the services contract under the award of this contract.

2.1.2. Maintain, Position, and Operate Equipment: The contractor shall maintain, clean, repair, position and operate contractor furnished equipment to ensure its performance under the contract, including providing fuel to

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

operate necessary equipment.

2.1.3. Access to Port: The contractor shall acquire Transportation Worker Identification Credentials (TWIC) when transporting to port of call.

2.1.4. The contractor shall pay all associated costs and expenses except those outlined in paragraph 2.5 of the PWS, Reimbursable Expenses.

2.2 Government Responsibilities:

2.2.1. DLA Energy AMW Inventory Manager Responsibilities: The AMW Inventory Manager will perform the following duties. The contractor will be provided the name and contact information for the AMW Inventory Manager at time of award.

2.2.2. Cargo Routing: Provide cargo routing instruction to the contractor IAW the AMW direction and guidance.

2.2.3. Order Services: Order all loading and unloading services and schedule all movements.

2.2.4. Contact Information: Furnish the contractor with the names and appropriate telephone numbers, of persons designated as the Government’s ordering, inspecting, and receiving representatives upon award of the contract.

2.2.5. Notify Receiving Activities: The AMW Inventory Manager will notify the receiving activities of the scheduled arrival of the containers, including estimated date and time of arrival.

2.2.6. Authorize Access: Assist authorized representative of the contractor in gaining access to all facilities to load and discharge as necessary.

2.2.7. Supply Required Forms: Supply the contractor with all documentation necessary for loading, discharging or dropping off containers at designated locations.

2.3. Contractor Furnished Equipment: None

2.4. Government Furnished Equipment:

2.4.1. In accordance with FAR 52.245-1 (c) (1) Government Property (Jan 2017); The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

2.4.2. Chassis: The chassis is government furnished equipment. The contractor shall perform annual inspections on the chassis to ensure they meet all applicable DOT standards. Contractor will perform minor repairs to chassis as needed. All repairs and parts will be paid up front by the contractor and will be reimbursed by the Government upon receipt of invoice. (See Paragraph 2.5 of the PWS)

2.4.3. Loss or Contamination Liability: The contractor assumes full liability for, and agrees to reimburse the Government, for the actual loss or contamination to the cargo it receives for transportation, except when loss and/or damage arise out of an Act of God or Force Majeure.

2.4.4. Damage Due To Contractor Negligence: The contractor shall be liable for damage to Government property resulting from negligence on the part of the contractor. The contractor must also reimburse the Government for actual expenses incurred by the Government due to breakdown of contractor’s equipment or delay due to

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

negligence of the contractor, which prevents prompt acceptance or delivery of intended cargo. The contractor shall also be responsible for lost cargo in route, caused by equipment failure, such as a spill.

2.5. Reimbursable Expenses to the Contractor:

2.5.1. COR Approval: All reimbursable expenses must be approved in advance by the COR. The government will not be liable for any taxes, fees, tariffs, licenses or other costs or expenses associated with performance on this contract other than those specifically referenced herein.

2.6. Performance Objectives:

2.6.1. Performance Objective – Storage: The contractor shall store all containers and chassis in a secure location that is protected against theft and vandalism.

2.6.2. Performance Objective – Container Cleaning: As directed by AMW, clean containers in accordance with MIL-STD 3004-1 (C), listed in Appendix C.

2.6.3. Performance Objective – Transportation: The contractor shall transport containers with chassis to locations listedfor filling with lube oils and fuel additives. Once filled, equipment will be transported to the port to IAW instructions and guidance provided by AMW.

2.7. Insurance Requirements:

2.7.1. Cargo Insurance: The Contractor shall provide cargo insurance, at its own expense, as required by law, at least equal to the value of the cargo transported.

2.7.2. Liability, Pollution and Environmental Insurance: Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

2.7.3. Policy Notification: The contractor shall provide copies of cargo, public liability, and pollution liability insurance certificates to the CO prior to contract award and each time there is a change in coverage or policy renewal.

2.7.4. Written Notice: The Contractor shall furnish a written notice to the CO, 30 days in advance of the effective date of any reduction in, or cancellation of the cargo, public liability, or pollution liability insurance policies.

2.8. General:

2.8.1. Damage and Loss Reports: During operation under this contract, in all instances where cargo, contractor’s equipment, or private or Government property is damaged, lost, or pilfered while in the care, custody, or possession of the contractor or through handling by the contractor’s employees, agents, or subcontractors, the contractor shall submit a full written report of the facts and the extent of such damage or loss to the COR within 24 hours following the occurrence or discovery. Details should include how the damage occurred, investigation detail, and an estimate of how and when reimbursement for damages will occur.

2.8.2. Visits: Government personnel, including but not limited to the COR and QAR, may make announced periodic visits to the contractor's facilities to observe daily operations. Announced visits will follow a 1-day prior notice to the contractor. During these visits, the contractor shall provide knowledgeable personnel to tour and inspect the areas. The CO and/or his representative will make periodic inspections.

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

2.8.3. Additional Regulations Compliance: The contractor shall maintain and operate all equipment in accordance with applicable U.S. Department of Transportation (DOT), federal and state laws, and military regulations, including applicable regulations of the Commander, DLA Energy. Compliance with the following regulation is mandatory:

DOD 4500.9R, Defense Transportation Regulation (DTR). Note: DOD 4500.9-R can be accessed through the following web site, www.transcom.mil. Follow the link to Defense Transportation Regulations.

2.8.4. Security: The Contractor shall provide a secure 24 hour location for all DoD–Leased Bulk Fuel Containers with Chassis to protect against theft and vandalism under the direct control of the Contractor.

2.8.5. Service Delivery Summary (SDS): The SDS represents important contract objectives that, when met, will ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS. The SDS serves as a point of reference for the contractor and Government to measure the services provided. The CO will issue a Contractor Discrepancy Report when the contractor’s performance is unsatisfactory. The contractor shall reply in writing within 24 hours, giving reasons for unsatisfactory performance and identifying the corrective action(s) to be taken to prevent recurrence.

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

APPENDIX A: Definitions

Contractor: The individual, person or group of persons, partnership, company or corporation specifically named and contracted by/with the Government to fulfill the terms of this contract document. The term “Contractor” as used herein refers to the partnership, company or corporation as a whole or any individual, attendant, technician, operator, driver, dispatcher, or laborer who may be acting on behalf of the Contractor.

Contracting Officer (CO): Includes Procurement Contracting Officer (PCO) and Administrative Contracting Officer (ACO) functions.

Contracting Officers Representative (COR): The individual designated in writing by the contracting officer to act as the contracting officer’s authorized representative to monitor specific aspects of the contract and take action as authorized in the letter of appointment.

Quality Assurance Representative (QAR): Government representative with duties to perform, inspect, administers, and/or advise on work concerned with assuring the quality of products, equipment and services acquired and used by the Government.

Force Majeure: Force Majeure literally means "greater force". These clauses excuse a party from liability if some unforeseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other "Acts of God", war, or the failure of third parties--such as suppliers and subcontractors--to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.

Out-of-Pocket: Local port fees or similar charges incurred. Such fees or expenses may include those for tolls, port charges, or charges for minor repairs.

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

Appendix B: Abbreviations and Acronyms

ABBREVIATIONS AND ACRONYMS

AMW DLA Energy Americas West

DoD Department of Defense

DoT Department of Transportation

DTR Defense Transportation Regulation

FSII Fuel System Icing Inhibitor

NMT No More Than

POE Port of Embarkation

SDS Service Delivery Summary

Appendix C: Performance Objectives

Performance Objectives PWS Paragraph Performance Thresholds

Storage 2.6.1 100% Accountability of equipment while in the possession of the contractor

Container Cleaning 2.6.2 NMT two (2) failures per year to provide equipment clean and free of contaminates

Transportation 2.6.3 NMT four (4) failures per year to deliver equipment to designated locations.

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

LAST PRODUCT

CARRIED

Gasolines:

GASOHOL,

MOGAS, E85,

AVGAS, JP-4,

Jet B

Jet Fuels: Jet A/A-1, JP-8, F-24, JP-5, TS-1, KS-

1/R/N, Jet Fuel: JPTS

RP1/RP2

Appendix D: MIL‐STD‐3004‐1

TABLE XXIII. Conversion chart for tank trucks (TT) tank cars (TC), tank wagons (TW), tank & trailer (TRR), and intermodal containers (IMC) 1, 2

LAST PRODUCT

CARRIED

PRODUCT TO BE LOADED

Gasolines:

GASOHOL,

MOGAS, E85,

AVGAS, JP-4,

Jet B

Jet Fuels:

Jet A/A-1, JP-8, F-24, JP-5, TS-1, KS-1/R/N, Jet Fuel 3:

JPTS

RP1 /RP24 JP-10/PF-14 Diesel Fuel:

F-76

FSII 4 Lubricating Oils Diesel Fuels:

DF1,DF2,DS1,

DS2,ASTM

D975

Gasolines:

GASOHOL, MOGAS,

E85, AVGAS, JP-4, Jet B

Drain/Empty Steam/Dry5 Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/ Dry Steam/Dry

Jet Fuels:

Jet A/A-1, JP-8, F-24, JP-

5, TS-1, KS-1/R/N,

Drain/Empty Drain/Empty Steam/ Dry Steam/Dry Steam/Dry Steam/ Dry Steam/ Dry

Steam/ Dry Steam/Dry

Jet Fuel: JPTS Drain/Empty Drain/Empty Drain/Empty Drain/Empty Steam/ Dry Steam/Dry Steam/Dry

Steam Dry Steam/Dry

RP1/RP2 Steam/ Dry Steam/Dry Steam/ Dry Drain/Empty Steam/ Dry Steam/ Dry Steam/ Dry

Steam/ Dry Steam/Dry

JP-10/PF-1 Steam Dry Steam/Dry Steam/ Dry Steam Dry Drain/Empty Steam/ Dry Steam/Dry

Steam \/Dry Steam/Dry

Petroleum Solvent or Paint Thinner Steam/ Dry Steam/Dry Steam/ Dry

Hot Water

Rinse & Dry Steam/ Dry Steam/ Dry

Steam/Dry Steam/ Dry Steam/Dry

Diesel Fuel: F-76 Steam/ Dry Steam/Dry9 Steam/ Dry Steam/ Dry Steam/ Dry Drain/Empty Steam/Dry Steam /Dry Steam/Dry

Diesel Fuels:

DF1,DF2,DS1, DS2,ASTM

D975

Steam/ Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Drain/Empty

FSII Drain/Empty Drain/Empty Steam/ Dry Steam/ Dry Steam/ Dry Steam/Dry Drain/Empty Steam/ Dry Steam/Dry

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

TABLE

XXIII. Conversion chart for tank trucks (TT), tank cars (TC), Tank wagons (TW), Tank & Trailer (TRR), and Intermodal Containers (IMC)

1, 2

- Continued

LAST PRODUCT

CARRIED

PRODUCT TO BE LOADED

JP-4,Jet B:

Gasolines

GASOHOL,

MOGAS,

E85,AVGAS,

Jet Fuels:

Jet A/A-1

JP-8, F-24, JP-5,

TS-1-KS-1/R/N

Jet Fuel3:

JPTS RP1/RP24 JP-10/PF-14

Diesel Fuel:

F-76

Biodiesel Blends (< B15)

DF1,DF2,DS1,

DS2,

ASTM D975

Biodiesel Blends (> B15)

DF1,DF2,DS1,

DS2,

ASTMD975 FSII

Lubricating Oils

Diesel Fuels:

DF1,DF2,

DS1, DS2,

ASTM D975

Lubricating Oils

NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD Stream/Dry Stream/Dry NO LOAD Drain/Empty8 Steam/Dry Biodiesel Blends(<B15)

DF1,DF2,DS1,DS2,

ASTM D975 Steam/Dry Steam/Dry NO LOAD NO LOAD NO LOAD Steam/Dry Drain/Empty Steam/Dry Steam/Dry Steam/Dry Steam/Dry Biodiesel Blends(>B15)

DF1,DF2,DS1,DS2,

ASTM D975 NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD Steam/Dry Drain/Empty NO LOAD NO LOAD Steam/Dry Heavy Fuel Oils, Distillate Fuels, ASTM D975, (No.4D),D396,(FS4,FS5, FS6), Residual Fuel Oils, ISO 8217,class F (IFOs) NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD NO LOAD Steam/Dry Steam/Dry NO LOAD NO LOAD Steam/Dry Naphtha Drain/Empty Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Petroleum Solvent/Paint Thinner Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry Steam/Dry

CONTINUATION SHEET REFERENCE NO. DOCUMENT BEING

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING

TABLE XXIII. Conversion chart for tank trucks (TT), tank cars (TC), Tank wagons (TW), Tank &

Trailer (TRR), and Intermodal Containers (IMC) 1,

- Continued

NOTES:

1. General Instructions for Tank Cars and Trucks:

a. Conveyances (all) shall be dry and free from loose rust, scale, and dirt

b. Saran lined equipment should not be steam cleaned; water wash should suffice.

c. Petroleum products shall not be loaded into the conveyances where the previous cargo was caustic, acid, or chlorinated solvents.

d. Tank trucks and cars in liquid fertilizer service shall not load aviation turbine fuels directly, but shall carry out at least two loads of commercial gasoline prior to the aviation turbine fuel load.

e. Conversion of Government-owned tank cars from liquid fertilizer service to aviation turbine fuel service shall only be done when no other alternative exists. Tank cars being converted from liquid fertilizer service to a petroleum product shall be adequately cleaned to remove all traces of liquid fertilizer. At a minimum, the equipment must be steam cleaned; dried and must be free from loose rust, scale, and dirt. After cleaning, equipment with unlined compartments should have its compartments lined with an approved coating at this time. Conveyances carrying their initial load of aviation turbine fuel following conversion shall not be released from the loading until they have been sampled a minimum of 24 hours after loading. The sample shall undergo Type B-2 testing plus Thermal Stability Test (if required by the product specification). After Type B-2 tests indicate compliance with specification requirements, the conveyance can be released pending results of the Thermal Stability tests. The conveyance shall not be unloaded until the loading point notifies the destination that the Thermal Stability test (when required) has passed. When the above condition applies, the DD-250, WAWF ERR or equivalent form shall be so noted.

2. Each Military Service shall provide specific guidance for conversion of refueling equipment which exclusively handles their petroleum products, e.g.: Air Force guidance is contained in T.O. 42B- 1-1, Table 3-1.

3. To be loaded only in aluminum or stainless steel conveyance, or other conveyance lined with an approved epoxy coating. If equipment is coated, clean with hot fresh water not exceeding 58°C (136°F) and dry thoroughly.

4. For previous cargoes not listed, contact DLA Energy Quality Operations Division for acceptability/cleaning procedures.

5. For additional guidance applicable to fungible aviation fuel shipments see Section 5.3.1.2 (including subparagraphs).

6. If previous cargo contained dye marker, all traces of color must be removed.

7. If product to be loaded does not contain dye, then the vehicle shall not contain any traces of dye prior to loading.

8. Applicable only when loading same specification products; otherwise, steam and dry.

9. Prior to loading the aviation fuels listed, the conveyance must have carried a previous non-FAME cargo and then be steam cleaned and dried. Trucks that have previously carried biodiesel create a risk of cross-contamination of Jet Fuel with residual biodiesel components. Diesel fuel may contain up to 5% FAME without reporting it as biodiesel.

Because of the difficulties in making a determination at the load rack of the presence of FAME in the previous load, the more stringent “Steam/Dry is required.

10. Drain and Empty if loading biodiesel blends

SECTION E – INSPECTION AND ACCEPTANCE

The E-QAPS below have been attached to (Beta.SAM.gov) for your convenience.

52.246-04 Inspection of Services – Fixed Price (Aug 1996) FAR

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (DLA ENERGY SEP 2013)

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

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS(DLA ENERGY) (APR 2016)

E35 NONCONFORMING SUPPIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F – DELIVERIES OR PERFORMANCE

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 19984) FAR

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

THIS CONTRACT TEXT ONLY APPLIES TO DLA FUNDED LINE ITEMS.

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

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

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

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week).

The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

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

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

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor.

The order number on the written order will take precedence over the interim order number, if different.

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

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

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message.

The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

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

F3.02 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (BULK/LUBES)

(DLA ENERGY JUN 1996)

(a) Upon arrival of Contractor's transport truck or truck and trailer, the receiving activity shall promptly designate the tanks into

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING

which the load is to be discharged. Free time will commence at the time the discharge hose is connected to fill pipe at the delivery point specified and will end when discharge is completed. For items involving multiple drops, time between drops will not be included in free time. Contractor shall be paid for detention beyond free time for delays caused by the Government. A minimum of one hour free time is required. Rate for detention shall be comparable to regulated tariffs governing the local area of receiving activity.

(1) Free time for unloading transport truck or truck and trailer:

(2) Rate for detention beyond the free time: ____________________________________.

(b) The above will not be considered in the evaluation of offers for award, except that free time of less than one hour or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

UNLESS OFFEROR INDICATES OTHERWISE, FREE TIME WILL BE CONSIDERED UNLIMITED.

(c) DETENTION COSTS. Any invoices for detention costs will be forwarded directly to the Contracting Officer.

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

(a) The term “f.o.b. destination,” as used in this clause, means --

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall --

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

SECTION G – CONTRACT ADMINISTRATION

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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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 wording of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION contract text 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

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2019) DFARS

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

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

(End of clause)

52.202-01 DEFINITIONS (NOV 2013) FAR

52.203-03 GRATUITIES (APR 1984) FAR

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR

52.203-08 CANCELLATION, RECESSSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPOPER ACTIVITY

(MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTION (OCT 2010) FAR

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) FAR

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

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

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

FELONIES (DEC 2008) DFARS

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (NOV 2016) DFARS.

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTNANCE (OCT 2018) FAR

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.

To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING

(d)

(1)

(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in the SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of Clause)

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

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically…