Final_Solicitation_SPE603-18-R-0502_12-06-17.docx.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

See Schedule

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

a. NAME

7. FOR SOLICITATION

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-18-R-0502

b. TELEPHONE NUMBER (No Collect calls)

6. SOLICITATION ISSUE

DATE

2017 DEC 08

8. OFFER DUE DATE/

LOCAL TIME

2018 JAN 08

INFORMATION CALL: Keecha Elliott 2JW Phone: 703-767-9318

01:00 PM

9. ISSUED BY CODE SPE603 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

FORT BELVOIR VA 22060

USA

SERVICE-DISABLED

X VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 493190

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

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

SEE SCHEDULE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Southeast Region

SPE603-18-R-0502

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212-1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2015), and FAR 52.212-2 –

EVALUATION-COMMERCIAL ITEMS (OCT 2014) and Addendum for complete instructions on how to submit a proposal.

A. A Pre-Proposal conference was held at Defense Logistics Agency Energy Fort Belvoir VA, on October 16, 2017 from 9:00am to 11:00am

Ft. Belvoir Time.

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

C. DLA ENERGY–FESAA is the designated office for receipt of offers. Your offer must be received in DLA Energy-FESAA by 1:00 p.m. Ft. Belvoir Time on January 8, 2018. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer under Solicitation SPE603-18-R-0502. Mailed offers should be mailed to the following address:

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

ATTN: DLA Energy-FESAA, 2945 ATTN: DLA Energy-FESAA, Room 2945

Defense Logistics Agency Energy Ms. Keecha Elliott / Telephone: 703-767-9318

8725 John J. Kingman Road, Room 2945 Defense Logistics Agency Energy

Fort Belvoir, VA 22060-6222 8725 John J. Kingman Road, Room 2945 Fort Belvoir, VA 22060 -6222

For verification of receipt contact: Keecha.Elliott@dla.mil (703) 767-9318

Unnecessarily elaborate brochures or other presentation beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.

D. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil and keecha.elliott@dla.mil.

All e-mail proposals MUST be followed-up with the hard copy (consisting of three volumes as outlined below) NO LATER THAN (5) business days after solicitation closing. Late proposals will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offerors’ proposals shall be prepared in three (3) separate volumes and provided in the quantities shown below:

Volume Title No. of Copies No. of Pages

I Technical Proposal - Basic Performance Work Statement

1 hard copy and 1 PDF electronic copy Not to exceed 50

A Appendix AF - Robins AFB, GA 1 hard copy and 1 PDF electronic copy Not to exceed 5

B Appendix AF - Moody AFB, FL 1 hard copy and 1 PDF electronic copy Not to exceed 5

C Appendix AF - Eglin AFB, FL 1 hard copy and 1 PDF electronic copy Not to exceed 5

D Appendix AF - Hurlburt AFB, FL 1 hard copy and 1 PDF electronic copy Not to exceed 5

E Appendix AF - Barksdale AFB, LA 1 hard copy and 1 PDF electronic copy Not to exceed 5

F Appendix AF - Little Rock AFB, AR 1 hard copy and 1 PDF electronic copy Not to exceed 5

II Offeror Submission Package (OSP) includes

Price Proposal

1 original and 1 PDF electronic copy of

Attachment II – OFFEROR SUBMISSION

PACKAGE

None

III Past Performance 1 PDF electronic copy None

Do not return the entire solicitation package. Complete and return one original, and one PDF electronic copy of the Offeror Submission

Package and one original and one PDF electronic copy of the Technical Proposal submissions as described in 52.212-1 INSTRUCTIONS TO

OFFERS – COMMERCIAL ITEMS (JAN 2017) with Addendum (JAN 2017). Your prices must be inserted in Clause B-0001 B34.01

SERVICES TO BE FURNISHED (DLA ENERGY FEB 1991) in the Offeror Submission Package.

E. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any mailto:Keecha.Elliott@dla.mil mailto:bidcustodian@dla.mil mailto:keecha.elliott@dla.mil part of this solicitation must be specifically identified in a cover letter to your proposal.

F. The Government intends to evaluate proposals and award one contract per location without discussions with offerors that submit proposals within the competitive range. However, the Government reserves the right to conduct discussions if later determined by the

Contracting Officer to be necessary. This procurement will use formal Source Selection Procedures using Lowest Price Technically

Acceptable (LPTA) source selection process (FAR 15.101-2). See 52.212-2 Evaluation—Commercial Items (Oct 2014) for evaluation methodology of factors. The resulting type of contract will be Firm-Fixed-Price (FFP).

G. NOTICE REGARDING SUSPENSIONS/DEBARMENT/INELIGIBILITY: Any contract awarded to a Contractor who, at the time of award was suspended, debarred, and ineligible for receipt of contract with Government Agencies or in receipt of a notice of proposed debarment from any Government Agency, is voidable at the option of the Government.

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

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

J. Pricing of Services:

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

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

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS 12

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 12

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENTOFWORK

THE PERFORMANCE WORK STATEMENT IS HEREBY INCORPORATED BY

REFERENCE (IBR) AS IF FULLY SET FORTH HEREIN. SEE SECTION J - ATTACHMENT

I

SECTION D - PACKAGING AND MARKING

NO CONTENT

SECTION E - INSPECTION AND ACCEPTANCE 14

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996) (IBR) 14

E-0001 E1.11 QUALITY CONTROL PLAN (GOCO) (AIR FORCE) (DLA ENERGY QAP

APR 2007)

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

ENERGY APR 2016)

E-0003 E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) 17

E-0004 E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA

ENERGY QAP DEC 2011)

E-0006 E29.01 CONTRACT TURNOVER INSPECTION (DLA ENERGY MAR 2001) 18

E-0007 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY QAP DEC

2011)

E-0008 E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970) 19

SECTION F- DELIVERIES OR PERFORMANCE 20

52.242-15 STOP-WORK ORDER (AUG 1989) (IBR) 20

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

2014)

F-0002 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

(DLA ENERGY DEC 1991)

SECTION G - CONTRACT ADMINISTRATION DATA 21

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (IBR) 21

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012) (IBR)

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

2013) (IBR)

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 23

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

ENERGY DEC 1999)

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

2009)

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

1997)

SECTION H - SPECIAL CONTRACT REQUIREMENTS 24

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 24

H-0002 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 24

H-0003 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE)

(DLA ENERGY JAN 2012)

H-0004 H51.03 INSURANCE REQUIREMENTS FOR

CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY

JAN 2012)

SECTION I - CONTRACT CLAUSES 25

52.202-1 DEFINITIONS (NOV 2013) (IBR) 25

52.203-3 GRATUITIES (APR 1984) (IBR) 25

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006) ALTERNATE I (OCT 1995) (IBR)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(IBR)

52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011) (IBR)

52.204-9 PERSONAL IDENTIFY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011) (IBR)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) 28

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016) (IBR)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016) (IBR)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (OCT 2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015) (IBR)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) 34

ADDENDU

M 1 52.212-

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS- COMMERICAL ITEMS (JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 44

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 44

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) 44

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009)

(AUG 2016) (IBR)

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011) 45

52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (NOV 2011)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997) (IBR) 47

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) 47

52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014) 49

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) 53

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) (IBR) 54

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (IBR) 60

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (IBR) 60

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (IBR) 60

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (AUG 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT

SYSTEMS (MAY 2011)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 61

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

(IBR)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 62

52.232-17 INTEREST (MAY 2014) (IBR) 62

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013) (IBR)

52.233-1 DISPUTES (MAY 2014) (IBR) 63

52.233-3 PROTEST AFTER AWARD (AUG 1996) (IBR) 63

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IBR) 64

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984) (IBR)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) (IBR) 64

52.242-13 BANKRUPTCY (JUL 1995) (IBR) 64

52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALTERNATE 1 (APRIL 2012) (IBR) 65

52.245-9 USE AND CHARGES (APR 2012) (IBR) 73

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 74

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (IBR) 74

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 74

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (OCT 2016) (IBR)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013) (IBR)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) (IBR) 75

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) (IBR) 75

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 75

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL

INFORMATION (OCT 2016) (IBR)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016) (IBR)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF

TERRORISM (OCT 2015) (IBR)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) (IBR) 79

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS).

(DEVIATION 2016-O0009) (AUG 2016) (IBR)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN

PERSONS (JAN 2015)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND

HAZARDOUS MATERIALS (SEP 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016) (IBR) 81

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

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004) (IBR)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 81

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013) (IBR)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) (IBR) 82

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012) 82

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL

COMPONENTS (DOD CONTRACTS) (JUN 2013) (IBR)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM

ADMINISTRATION(APR 2012) (IBR)

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

MILITARY OPERATIONS (OCT 2010) (IBR)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR

2000) (IBR)

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014) 83

52.233-9001 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE

DISPUTE RESOLUTION (ADR).

I-0001 I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUNE 2009) 86

I-0002 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE –

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I-0003 I102.02 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT --

PAYROLL TAX ADJUSTMENT (DLA ENERGY JAN 2012)

I-0004 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM

PRODUCTS (DLA ENERGY JAN 2012)

I-0005 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 88

I-0006 I119.05 INVENTORY CONTROL RECORDS AND SYSTEMS OF

RECORD (GOCO) (AIR FORCE) (DLA ENERGY JUN 2009)

I-0007 I121 CUSTODY OF PERTROLEUM PRODUCT (DLA ENERGY APR 1968) 91

I-0008 I122 USE OF FACILITIES (DLA ENERGY APR 2009) 92

I-0009 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991) 92

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

CHARTERED AIRCRAFT (DLA ENERGY APR 1968)

I-0011 I147 DEMURRAGE (DLA ENERGY NOV 1989) 92

I-0012 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN

2012)

I-0013 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI)

IMPLEMENTATION (SEP 2009)

SECTION J – ATTACHMENTS

(Please see page for listed attachments)

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 93

http://farsite.hill.af.mil/reghtml/Regs/Other/dlad/PART52.htm?zoom_highlight=52%2E233-9001&P194_32262 http://farsite.hill.af.mil/reghtml/Regs/Other/dlad/PART52.htm?zoom_highlight=52%2E233-9001&P194_32262

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

– REPRESENTATION (JAN 2017)

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

(IBR)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) (IBR) 94

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) (IBR) 94

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 94

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 95

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB

2016)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL

ITEMS (JAN 2017)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 110

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015) (IBR)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 112

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS

(JAN 2015)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 112

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 112

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 112

K-0003 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 113

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

RESPONDENTS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 113

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) 114

ADDENDU

M TO

52.212-1

INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN 2017) 121

52.216-1 TYPE OF CONTRACT (APR 1984) 121

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION

(FEB 1999)

52.233-2 SERVICE OF PROTEST (SEP 2006) 121

52.237-1 SITE VISIT (APR 1984) (IBR) 121

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 122

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

(IBR)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016) (IBR)

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) (IBR) 122

252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012) (IBR) 122

252.215-7008 ONLY ONE OFFER (OCT 2013) (IBR) 122

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 122

L-0002 L2.06 EVIDENCE OF RESPONSIBILITY (AARD) (DLA ENERGY NOV 1989 122

L-0003 L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 123

L-0004 L82 WAGE DETERMINATION (DLA ENERGY FEB 2009) 123

L-0005 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 123

SECTION M – EVALUATION FACTORS FOR AWARD 124

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 124

52.217-5 EVALUATION OF OPTIONS (JUL 1990) (IBR) 127

M-0001 M43.01 EVALUATION OF OPTIONS (DLA ENERGY MAR 2009) 127

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA

ENERGY APR 1997)

*IBR – Incorporated by Reference

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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

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

*BULK STORAGE SERVICES – BASE PERIOD SEPTEMBER 1, 2018 – AUGUST 31, 2022

FIRM-FIXED-PRICE (Pro-rated for partial months)

*BULK STORAGE SERVICES - OPTION PERIOD - SEPTEMBER 1, 2022 - AUGUST 31, 2027

FIRM-FIXED-PRICE (Pro-rated for partial months)

Non-personal Services – The Contractor shall provide Bulk Storage Services to include receive, store, transfer, issue, and account for products with appropriate controls to ensure fuel quality, maintain inventory accuracy, and ensure no environmental impact at the following Air Force Government Owned Contractor Operated (GOCO’s) facilities in accordance with Attachment I Performance Work

Statement (PWS), Section C, and all other terms and conditions set forth herein. FOB DESTINATION.

LOCATION – PLACE OF PERFORMANCE

SOUTHEAST REGION

Robins AFB, GA

Moody AFB, FL

Eglin AFB, FL

Hurlburt AFB, FL

Barksdale AFB, LA

Little Rock AFB, AR

PERIOD OF PERFORMANCE:

BASE PERIOD (CLIN 0001)

SEPTEMBER 1, 2018 – AUGUST 31, 2022

OPTION PERIOD (CLIN 0002)

SEPTEMBER 1, 2022 - AUGUST 31, 2027

CLIN/Location Quantity Unit Unit Price Total Price for CLIN

Total Evaluated Price for

CLIN 0001 & CLIN 0002

Are you providing a bid for this location?

(Please mark Yes or No below)

CLIN 0001:

Robins AFB, GA

48 Months

CLIN 0002:

Robins AFB, GA

60 Months

CLIN 0001:

Moody AFB, FL

48 Months

CLIN 0002:

Moody AFB, FL

60 Months

CLIN 0001:

Eglin AFB, FL

48 Months

CLIN 0002:

Eglin AFB, FL

60 Months

CLIN 0001:

Hurlburt AFB, FL

48 Months

CLIN 0002:

Hurlburt AFB, FL

60 Months

CLIN 0001:

Barksdale AFB, LA

48 Months

CLIN 0002:

Barksdale AFB, LA

60 Months

CLIN 0001:

Little Rock AFB, AR

48 Months

CLIN 0002:

Little Rock AFB, AR

60 Months

Contract Line Item Number (CLIN) Structure will change at the start of Contract (Award) for each perspective location.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

PERFORMANCE WORK STATEMENT – SEE SECTION J – ATTACHMENT I

SECTION D - PACKAGING AND MARKING

NO CONTENT

SECTION E - INSPECTION AND ACCEPTANCE

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

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

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

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

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

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

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

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

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

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

(2) Terminate the contract for default.

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

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

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

(1) Receiving (both product and additives);

(2) Blending;

(3) Sampling;

(4) Testing;

(5) Storage and handling;

(6) Loading and shipping;

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

(8) Quantity measurement;

(9) Records and reports; and

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

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

E-0002 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

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

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

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

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110

Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 1

Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110

Kansas 110 North Carolina 110 Wyoming 120 2

Kentucky 110 North Dakota 110

Louisiana 110 Ohio 110

EXCEPTIONS:

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

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

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

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300

Africa 200 3 Egypt 400 3 Maldives 300 South America 110

Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300

Antarctica Armenia 200

300 Georgia Greenland 200

Mexico

Mauritius

Syria

Sri Lanka

Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300

Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300

Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab

Bermuda 110 Iran 400 Oman 400 Emirates 400

Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200

Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300

Canada 110/120 4 Jordan

Canary Island 200 Kazakhstan 400

Caribbean Islands 110 Kuwait

Central America 110 Kyrgyzstan

Chagos Archipelago 300 Laos

China 300 Lebanon 400 Comoros 200 Madagascar 200

400 Papua New Guinea 300 Philippines 300 Yemen

400 Qatar 400

400 Russia 200

300 Ryukus Islands, Japan 300

Saudi Arabia 400 Seychelles Is. 200

Wake Island

EXCEPTIONS:

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

Europe (Code 200).

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

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

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East

ATTN: Quality Manager 5

Federal Building, Suite 1005

2320 LaBranch Street

Houston, TX 77004-1091

Phone: (713) 750-9514/9561

FAX: (713) 750-0041

120. DLA Energy Americas West

3171 N Gaffey Street

San Pedro, CA 90731- I 099

Phone: (310) 241-2806/2807

FAX: (310)241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager 5

CMR 422

APO AE 09067-0422

Phone: 49-63 l-3406-2285/2286 6

FAX: 49-631-3406-2289 6

Commercial Shipping Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager

Bldg. 320, Rhine Ordinance Barracks

Am Opelkreisel

67663 Kaiserslautem, Germany

300. DLA Energy Pacific

1025 Quincy Avenue, Building 479, Suite 2000

Pearl Harbor, HI 96860-4512

Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-1785-6493 6

FAX: 973-1785-4650 6

[Location: Bahrain]

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

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

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

The Quality Office assigned inspection responsibility under this contract is DLA Americas West.

E-0004 E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA ENERGY QAP DEC 2011

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

(b) The Contractor shall furnish personnel, facilities, and equipment on-site to accomplish the following routine tests and procedures. These on-site resources may be provided by Contractor personnel or by a commercial source action on behalf of the Contractor.

The Quality Representative will not be responsible for performing any of these services for the Contractor.

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

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

MINIMUM

METHOD OF SHIPMENT MINIMUM QUANTITY RETENTION PERIOD

Pipeline 20 liters 60 days Tanker/Barge Parcel Composite 20 liters 90 days Each compartment 0.5 liters 90 days Navy Fleet Oilers/Vessels 10 liters 60 days Tank Truck/Car 1 liter 15 days

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

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

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

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

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

(7) Determining the visual color of products.

(8) Determining the Flash Point of applicable products using test methods cited in the appropriate product specification

(see Note 2 below);

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

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

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

Note 1: All costs for providing the above tests and procedures shall be included in the monthly service charge. The only exception to the Contractor’s obligation to provide these services as part of the monthly service charge is when the tests described above are part of the higher order analysis (defined as the following categories: Composite Samples, Storage Tanks After Receipt, Interface Mixtures, Dormant Stocks and Individual Tests (including particulate contamination) found in the attachment to the solicitations entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING. Provisions for providing higher order analyses are covered in the SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE) contract provision.

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

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

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

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

E-0007 E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE Contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence.

After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government re-inspection or retest, if necessary.

(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government re-inspection or retest performed as a result of the deviation or waiver being granted.

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government re-inspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

E-0008 E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

The facilities to be provided hereunder shall be ready for inspection and acceptance by the Government. The Contractor shall notify the Contracting Officer of the date such tanks and facilities are available for inspection and acceptance, and the Contracting Officer, or his designated representative, shall promptly thereafter inspect such tanks and facilities. No payment will be made for services performed or facilities provided prior to the start of performance period.

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

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

(1) Cancel the stop-work order; or

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

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

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

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the

Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the

Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

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

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

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

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

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

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

(d) Preparation and Transmission of Orders

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

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

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

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

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

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

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

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

(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…