Attachment_III_OFFEROR_SUBM_PKG_SPE603-18-R-0510.pdf

Attachment III- OSP

SPE603-18-R-0510

OFFEROR SUBMISSION PACKAGE

COCO STORAGE SERVICES

PORTLAND, MAINE

SOLICITATION

TO BE TIMELY, OFFERS MUST BE RECEIVED AT

DLA ENERGY BY

March 12, 2018 NOT LATER THAN 09:00 A.M., LOCAL TIME

FORT BELVOIR, VA

INSTRUCTIONS:

1. The original and one (1) PDF electronic copy of this Offeror Submission

Package must be returned to the Defense Logistics Agency- Energy with your offer.

All documents to be completed and returned are contained in this package. See FAR

52.212-2 Evaluation Commercial Items (OCT 2014), FAR 52.212-1 Instructions to

Offerors- Commercial Items (JAN 2017)/ADDENDUM to FAR 52.212.1 for additional information to be submitted.

2. Be sure to check your offer prices in Section B for accuracy and legibility prior to submission. Be sure to initial all changes, and sign and date the Standard

Form 1449 (SF 1449) in blue or black ink.

3. Facsimile proposals are NOT authorized. Please ensure that labels on overnight mailings clearly show the solicitation number and are addressed to the Bid

Custodian at the address in the Request for Proposal.

4. By submission of this package, you are stating that all terms and conditions of the solicitation are accepted and apply to your offer unless clearly stated herein on a separate sheet.

SOLICITATION: SPE603-18-R-0510

PROGRAM NUMBER: 6.2 Contractor-Owned Contractor-Operated (COCO) Storage Services

DESCRIPTION OF SERVICES: Contractor-Owned Contractor-Operated (COCO) fuel storage services within a 10-mile radius of Portland, Maine. These services include: 1) the receipt of U.S. Government owned product (Aviation Fuel - JAA) via ocean going tanker/barges; 2) the storage and quality maintenance of the product; and 3) the shipment of product to DoD sponsored customers via tank trucks.

ANTICIPATED PERFORMANCE PERIOD: July 1, 2018 through June 30, 2022 (Four Year Base

Period), July 1, 2022 through June 30, 2027 (One, Five-year Option).

Submit Offers to:

US Post Office/US Post Office Express Mail offer only

ATTN: DLA Energy-FESBC, Bid Custodian Room

Defense Logistics Agency Energy

8725 John J. Kingman Road, Suite 2945

Fort Belvoir, Virginia 22060-6222

Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-FESBC, Bid Custodian Room

Zachary Cuca /Telephone: 703-767-1273

Defense Logistics Agency Energy

8725 John J. Kingman Road, Suite 2945

Fort Belvoir, Virginia 22060-6222

For Verification of Receipt: Contact Zachary.Cuca@dla.mil, (703) 767-1273.

TO BE TIMELY, OFFERS MUST BE RECEIVED AT

THE DEFENSE LOGISTICS AGENCY ENERGY- FESBC

BY

March 12, 2018 @ 9:00 A.M. Local Fort Belvoir Time

QUESTIONS:

Questions should be submitted via email to Zachary.Cuca@dla.mil with cc to Tonya.Willis@dla.mil no later than 9:00 A.M. Fort Belvoir time on Feburary 12, 2018. Please note the solicitation number and installation in subject of email.

INSTRUCTIONS:

1. The Offeror Submission Package (OSP) must be returned to the Defense Logistics Agency Energy-

FESBC as part of your offer.

2. Check all offered prices in Section B-0001-B334.01 for accuracy and legibility prior to submission. Initial any changes. Sign and date the Standard Form 1449 (SF 1449) in ink.

3. By submission of this package, the offeror is stating that ALL terms and conditions of the entire solicitation are accepted and apply to the offer unless clearly stated on a separate sheet of paper.

4. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to:

bidcustodian@dla.mil and CC: Zachary.Cuca@dla.mil and Tonya.Willis@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.

mailto:Zachary.Cuca@dla.mil mailto:Zachary.Cuca@dla.mil mailto:Tonya.Willis@dla.mil mailto:bidcustodian@dla.mil mailto:bidcustodian@dla.mil

Offeror’s proposals shall be prepared in three separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Required Page

Limit

I Technical Proposal 1 hard copy and 1 PDF electronic copy 70

II Offeror Submission

Package (OSP) includes

Price Proposal

1 original and 1 PDF electronic copy of

Attachment III

OFFEROR SUBMISSION PACKAGE

None

III Past Performance

(PPQ)

1 PDF electronic copy None

5. Pricing Required for All Services and Performance Periods. Offerors MUST provide prices for all services required during the performance period.

6. Department of Labor Wage Determinations: The minimum wage rates and fringe benefits applicable to the period of performance are contained in Wage Determination No. CBA-2017-10911 (See

Attachment IV).

7. Pricing of Services:

a. 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.

b. The Government SHALL NOT be responsible for compensating the Contractor for any costs tied to the solicitation requirements but not factored into the proposed prices, either by the

Contractor’s intention or by mistake.

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

B-0001- B34.01 SERVICES TO BE FURNISHED AND PRICES (FEB 1991) DLA ENERGY 5

SECTION C - SPECIFICATIONS/PWS

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)

(DLA ENERGY JAN 2012)

SECTION E - INSPECTION AND ACCEPTANCE

DLA ENERGY

QAP E18

INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (FEB 2017) DLA ENERGY

SECTION F- DELIVERIES OR PERFORMANCE

F0004-F76

CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

(DEC 1991) DLA ENERGY

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (JUN 2012) DFARS

252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

DFARS

G0001-G3 INVOICE NUMBERING REQUIREMENTS (AUG 1998) DLA ENERGY 15

G0002-G9.06

ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (JAN 2017)

DLA-E

G0003-G21 DESIGNATION OF PROPERTY ADMINISTRATOR (MAY 2009) DLA-E 16

G0004-G22 DESIGNATION OF THE DEFENSE FUEL REGION (JUL 1997) DLA-E 16

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016) FAR

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

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016) 17

52.209-7

INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

FAR

52.212-3 Alt. I

OFFERORS REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (JAN 2017) ALTERNATE I (OCT 2014) FAR

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

ALTERNATE I (SEPT 2015)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) FAR 43

252.203-7005

REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2005) DFARS

252.222-7007

REPRESENTATION REGARDING COMBATING TRAFFICKING IN

PERSONS (JAN 2015) DFARS

252.247-7022

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG

1992) DFARS

K0001-K15 RELEASE OF PRICES (MAR 2009) DLA ENERGY 45

K0002-K33.01 AUTHORIZED NEGOTIATORS (APR 2007) DLA ENERGY 45

K0003-K150

WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE

SUBMISSION (MAY 2014) DLA ENERGY

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:

LINE ITEM 0001: CONUS COCO Storage Services, V20000403 (FIRM FIXED PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the base period of July 1, 2018 through June 30, 2022 (4 years).

LINE ITEM TBD1 (OPTION 1)2: CONUS COCO Storage Services, V20000403 (FIRM FIXED

PRICE):

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the option period of July 1, 2022 through June 30, 2027 (5 years).

AREA OF CONSIDERATION: Within a 10-mile radius of Portland, Maine.

TOTAL OFFERED PRICE

ITEM NO.

SUPPLIES/

SERVICE

QTY UNIT UNIT PRICE AMOUNT

CONUS COCO

Storage Services 48 Month $ $

TBD1

(Option 1)

CONUS COCO

Storage Services 60 Month $ $

TOTAL3: $__________________

NOTE: In accordance with FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999), the contractor is accepting that prices for the extension(s) not to exceed six months (if required) will remain the same as the prices offered under DLA Energy Contract Provision B-0001-B34.01 SERVICES TO BE

FURNISHED AND PRICES (DLA ENERGY FEB 1991).

The following price breakdown is provided for informational purposes only. In the event of a conflict, the prices in the table above will govern.

1 Line item number to be determined.

2 Only if exercised in accordance with FAR 52.217-9 Option to Extend Services (Nov 1999).

3 The offered total price shall include all costs associated with providing the required services. Cost reimbursable line items will not be allowed or incorporated into the award.

BASE PRICE

The prices for the services and facilities to be provided during the four-year performance period (July 1, 2018 through June 30, 2022), as described in the Performance Work Statement, includes the following:

LINE ITEM 0001:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)4

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

4Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

OPTION #1 PRICE

The prices for the services and facilities to be provided during the five-year performance period (July 1, 2022 through June 30, 2027), as described in the Performance Work Statement, includes the following:

LINE ITEM TBD1:

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)4

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(5 YEARS)

TOTAL PRICE: $ $ $

NOTE: A minimum fill capacity quantity of 150,000 barrels is required, with a +/- variance of 10% permitted. Monthly and annual storage charges shall be based on this quantity. Additionally, monthly usage prices when multiplied by 12 months should equate to the annual storage usage charge as stated in the above chart. All dedicated line fill (if applicable) should be captured on a separate line above notated as “Dedicated Line Fill.” The Government shall have the right to utilize the total fill capacity of above identified tanks at no increase to the offered storage charges.

PRORATED DAILY REDUCTIONS/ADDITIONS (QAP E18)

Base Period- July 1, 2018 through June 30, 2022

Line Item 0001:

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0001 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

MONTHLY CONUS

COCO STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0001 shall reflect a reduction to $0.00 for the subject tank. Alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under line item 0001 by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition

365 Days

Option #1 Period- July 1, 2022 through June 30, 2027

Line Item TBD1:

In accordance with DLA Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to the line item for option #1 (number TBD1) (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

MONTHLY CONUS

COCO STORAGE

SERVICE PRICE

ANNUAL

STORAGE USE

CHARGE

DAILY

REDUCTION/ADDITION

PER TANK WHEN

REMOVED

FROM/RETURNED TO

REVENUE IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, the line item for option #1 (number TBD1) shall reflect a reduction to $0.00 for the subject tank. Alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs. The rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under the line item for option #1 (number TBD1) by utilizing the following formula:

Monthly CONUS COCO Storage Service Price * 12 Months = Daily Reduction/Addition

365 Days

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See

Attachment I.

C-0003 C19.07 SAMPLING AND TESTING OF PETROLEUM PRODUCTS (STORAGE)

(DLA ENERGY JAN 2012)

(a) SAMPLING. The samples identified in the solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. The Contractor must provide these samples using qualified personnel, facilities, and equipment on-site and shall include all associated costs in the monthly service charge. These on-site resources may be provided by Contractor personnel or by a commercial source acting on behalf of the Contractor. The Quality Representative will not be responsible for taking any samples for the Contractor. All samples must be taken 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).

(b) TESTING. The tests identified in this solicitation attachment entitled MINIMUM REQUIREMENTS FOR STORAGE SAMPLING AND TESTING are a required part of the services to be provided. Those tests identified in the attachment which are part of a higher order analysis (defined as follows: Composite Samples, Storage Tanks After Receipt, Interface Mixture, Dormant Stocks, and Individual Tests, including particulate contamination) shall be provided by the Contractor using one of the following options (the Contractor shall check the appropriate box below):

[ ] The Contractor will perform the tests using its own qualified personnel, facilities, and equipment. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not perform the tests using its own personnel, but will provide on a seven days per week, 24 hours a day basis, it’s own facilities and equipment for testing of product by Government personnel. (All costs for this service are to be included in the monthly service charge.)

[ ] The Contractor will not provide its own personnel, facilities, or equipment. Instead, the Contractor will, within 24 hours after sampling, transport any sample(s) to a commercial laboratory approved by the Government and arrange for that commercial laboratory to perform all the required tests.

The Government, at its own option, may direct that samples be tested at a Government laboratory under contract to the Government. In this case, transport of such samples is still the responsibility of the Contractor. (The Government will reimburse the Contractor for the actual costs of the tests performed by their commercial laboratory. All other associated costs must be included in the monthly service charge.)

All other tests found in the above referenced attachment, which are not part of a higher order analysis, shall be provided in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) contract text.

(c) All facilities and equipment to be provided, whether that of a Contractor or a commercial laboratory, must conform to the standards for such facilities and equipment established by the

Occupational Safety and Health Act and the National Fire Protection Association or local regulations, whichever is more stringent.

SECTION E - INSPECTION AND ACCEPTANCE

ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (DLA ENERGY FEB 2017)

DLA Energy Quality Assurance Provision E18 shall be filled/completed and submitted as part of the offeror submission package (OSP). Please refer to attachment I (Energy QAP E18) included in this package.

SECTION F- DELIVERIES OR PERFORMANCE

F0007-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA

ENERGY DEC 1991)

During the contract period, July 1, 2018 through June 30, 2027 (and if needed up to 6 months beginning on July 1, 2027), the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section

32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area

WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) “Receiving report” means the data required by the clause at 252.246-7000, Material

Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts:

Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the

Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data

System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in

Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the

WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

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

(3) Document routing. The Contractor shall use the information in the Routing Data

Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SPE603

Admin DoDAAC SPE603

Inspect By DoDAAC SJ0641; Extension: USCOCO

Ship To Code NOT APPLICABLE

Ship From Code NOT APPLICABLE

Mark For Code NOT APPLICABLE

Service Approver (DoDAAC) NOT APPLICABLE

Service Acceptor (DoDAAC) SPE603; Extension: USCOCO

Accept at Other DoDAAC NOT APPLICABLE

LPO DoDAAC NOT APPLICABLE

DCAA Auditor DoDAAC NOT APPLICABLE

Other DoDAAC(s) NOT APPLICABLE

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

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

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

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

_DLA ENERGY HELP DESK EMAIL: BSME.HELPDESK@DLA.MIL______________

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

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

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

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

JAN 2017)

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

– SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT clause.)

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

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

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

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

The Property Administrator for product handled under the terms of the contract will be designated by the

Director, Defense Logistics Agency Energy (DLA Energy).

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

(a) The Defense Fuel Region to which reference is made herein is: DLA Energy Americas East

Region

(b) The Defense Fuel Office to which reference is made herein is:

DLA Energy Americas East

Federal Building, Suite 1005

2320 LaBranch St.

Houston, TX 77004-1091

Phone: (713) 750-9514/9561

Fax: (713) 750-0041

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

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

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

(a) Definition. As used in this provision—

“Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph

(c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE

Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

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

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

(a) Definitions. As used in this provision--

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the

Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and http://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://www.cage.dla.mil/ maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS

(JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

https://www.acquisition.gov/ http://www.sam.gov/portal

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive

Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity

Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations

Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

http://www.dol.gov/fairpayandsafeworkplaces

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam

Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

http://www.osha.gov/dcsp/osp/approved_state_plans.html

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and…