Solicitation_SPE603-18-R-0519_Sept_7,_2018.pdf

Peterson/Buckley AFB, CO

CONUS GOCO

SPE603-18-R-0519

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

NOTE: See Addendum to FAR 52.212-1 – INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017), 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 Peterson/Buckley AFB, CO, January 9-10, 2018 from 9:00am to 11:00am Mountain Standard

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, 571-767-9465.

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. local Ft. Belvoir, VA Time on July 11, 2018. All offerors shall clearly mark envelopes/packages sent in response to this solicitation with the words, “Offer under Solicitation SPE603-18-R-0519. 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 Mr. Ivan Hargrove / Telephone: 571-767-9328 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: Mr. Ivan Hargrove Phone: 571-767-9328 or ivan.hargrove@dla.mil.

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 ivan.hargrove@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 - Peterson AFB, CO 1 hard copy and 1 PDF electronic copy Not to exceed 5 B Appendix AF - Buckley AFB, CO 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 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 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 mailto:ivan.hargrove@dla.mil mailto:bidcustodian@dla.mil mailto:%20ivan.hargrove@dla.mil 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

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

SECTION B – SUPPLIES OR SERVICES AND PRICES OR COSTS

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

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE (QAPs are located at Attachment VI)

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

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

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

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

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

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

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

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

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

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

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

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

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-12 – LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

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

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014)

ADDENDUM TO 52.212-4 [52.243-1 CHANGES - FIXED-PRICE (AUG 1987) ALTERNATE I

ADDENDUM 2 TO 52.212-4 [52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

-- COMMERCIAL ITEMS (JAN 2018)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.219-17 SECTION 8(a) AWARD (JAN 2017) 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants

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

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

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

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

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

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

52.233-1 DISPUTES (JUL 2002), ALT I (DEC 1991)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JUL 1995)

52.245-1 GOVERNMENT PROPERTY (APR 2012), ALT I (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

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

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

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

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 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)

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

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (SEP

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

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD

CONTRACTS) (JUN 2013)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

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

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) .. 59

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

I-0006 I119.05 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (DLA ENERGY DEC 2017)

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

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

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

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)

I-0012 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

I-0013 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP 2009)

SECTION J – LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

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

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)

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

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION

(NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

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 (NOV 2017) ALTERNATE

I (OCT 2014)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

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

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

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

K-0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (FEB 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.237-1 SITE VISIT (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

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

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

L-0003 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

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

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

SECTION M - EVALUATION FACTORS FOR AWARD

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

M-0002 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997)

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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 (BASE): CONUS GOCO Storage Services, V20000043: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk storage services in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period November 1, 2018 through October 31, 2022.

PLACE(S) OF PERFORMANCE: Peterson/Buckley AFB, CO

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

(PRORATED FOR PARTIAL MONTHS)

$ X 48 months = $

(Monthly) (4 Year Total)

LINE ITEM 0002 (OPTION): CONUS GOCO Storage Services, V20000043: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities storage services in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period November 1, 2022 through October 31, 2027.

PLACE(S) OF PERFORMANCE: Peterson/Buckley AFB, CO

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

(PRORATED FOR PARTIAL MONTHS)

$ X 60 months = $

(Monthly) (5 Year Total)

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.

Note: Option (Extension Provision) price: In Accordance with FAR 52.217-8 (Option to Extend Services), the Government has the unilateral right to extend any resulting contract under the same terms and conditions for a total of not more than six months.

All General and Administrative (G&A) expenses and profit will be included in the monthly price for respective locations.

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK

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

See Section J -Attachment I.

SECTION D - PACKAGING AND MARKING

NO CONTENT

SECTION E - INSPECTION AND ACCEPTANCE

QAPs are located at Attachment VI

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.

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 https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/ hours or one business day after the warranted Contracting Officer issues an oral order.

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

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

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

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

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

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

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

F-0002 F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE) (DLA ENERGY DEC 1991)

During the contract period; base period: NOVEMBER 1, 2018 – OCTOBER 31, 2022 and one (5) five year Option:

NOVEMBER 1, 2022 - OCTOBER 31, 2027, the Contractor shall provide petroleum storage facilities and services at the following AF GOCOs Locations: Peterson/Buckley AFB, CO

SECTION G - CONTRACT ADMINISTRATION DATA

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

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

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

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

(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 Work Flow (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., Power- Track, 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 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm https://wawf.eb.mil/

(4) When the Government-wide 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.

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

(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).

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

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

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

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(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 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acquisition.gov/ https://wawf.eb.mil/

Admin DoDAAC SPE603 Inspect By DoDAAC Extension: (TBD at award) Ship To Code Not Applicable Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) Not Applicable Service Acceptor (DoDAAC) SPE603; OSGOCO Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAAAuditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

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

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

Not Applicable

(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.

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

(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.

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

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

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

(a) A DLA Energy representative other than the Contracting Officer (CO) may provide technical direction on contract performance.

Technical direction includes--

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work; and

(2) Comments on and approval of reports or other deliverables.

(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that--

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the CHANGES clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract.

A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.

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

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

(1) To provide such service; or

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

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

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

H-0003 H19 REPORTING AND CONTAINING OIL SPILLS (DOMESTIC STORAGE) (DLA ENERGY JAN 2012)

(a) Immediately upon the discovery of a petroleum spill, leak, or seepage involving Defense Logistics Agency Energy (DLA

Energy) owned product, the Contractor shall notify, by telephone, (1) the Quality Representative, (2) the designated Defense Energy Region, and (3) the Administrative Contracting Officer (ACO). In addition, if the said spill, leak, or seepage has reached, or if it might possibly reach, navigable waters, the Contractor shall immediately notify the Coast Guard by telephone (800) 424-8802, the appropriate Federal and State officials designated in State laws, and the ACO.

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

(c) Any Contractor whose terminal stores product exclusively for DLA Energy use shall prepare and submit an approved Spill Prevention Control and Countermeasure Plan, Oil Pollution Prevention Operations Manual, and Oil Spill Contingency Plan, as applicable.

These documents shall be submitted to the ACO and the Defense Energy Region specified in the DESIGNATION OF THE DEFENSE ENERGY REGION provision of this solicitation as soon as practicable after contract award, but no later than 60 days after award notification. The Contingency Plan shall include, but not be limited to, (1) Contractor in-house capability and facilities, or (2) the preselection of a local agency, cooperative, or firm capable of and willing to provide cleanup services of this nature.

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

H-0004 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY

JAN 2012)

(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION provision shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury......................................................................................... AT LEAST $100,000 per person

AT LEAST $1,000,000 per occurrence Property Damage...............................................................................… AT LEAST $1,000,000 per occu rrence Worker's Compensation..................................................................…... AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

(Longshore and Harbor Workers' Compensation must also be provided when applicable.)

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury...........................................................................................AT LEAST $200,000 per person

AT LEAST $500,000 per occurrence Property Damage...............................................................................…. AT LEAST $ 20,000 per occurrence

(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless–

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative –

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, bythe gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled –

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 – LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

“Agency” means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

“Covered Federal action” means any of the following Federal actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

“Indian tribe” and “tribal organization” have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450B) and include Alaskan Natives.

“Influencing or attempting to influence” means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

“Local government” means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

“Officer or employee of an agency” includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

“Person” means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Reasonable compensation” means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

“Reasonable payment” means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

“Recipient” includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

“Regularly employed” means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

“State” means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C.

1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern—

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission;

and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in this paragraph…