SPE603-18-R-0524.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0073013880

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-18-R-0524

6. SOLICITATION ISSUE

DATE

2018 APR 25

a. NAME

Careka Squire DCS9827

b. TELEPHONE NUMBER (No Collect calls)

Phone: 571-767-6680

8. OFFER DUE DATE/

LOCAL TIME

2018 JUN 11

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 493190

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

09:00 AM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

SPE603-18-R-0524

Incirlik AB, Turkey

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) and Addendum and FAR 52.212-2- EVALUATION – COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit a proposal.

A. Attached is Solicitation SPE603-18-R-0524 for ground fuel services in support of Incirlik AB, Turkey in accordance with the attached Performance Work Statement. These services include management, operation, maintenance, product quality surveillance, inventory control and accounting, security, safety, and environmental protection of the Government Owned, Contractor-Operated (GOCO) facilities. A separate contract award will be issued per location listed. Offerors are not required to submit an offer for all locations.

B. The NAICS code is 493190 and the threshold is $27.5 million in annual receipts.

C. NO site visits will be held at this location. A pre-proposal conference to address the Performance Work Statement (PWS), site specific attachments, and contracting clauses within this solicitation will be held via phone conference. The date and time of the pre-proposal conference have not been determined. An amendment will be issued providing the date and time. (See provision L-0003 L198 PRE-PROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) for details. Interested parties planning to attend should submit names, phone numbers, email address and company represented to Ms. Careka Squire via email at careka.squire@dla.mil no later than May 11, 2018. Once confirmed, Offerors will receive an official email providing the responding time and conference phone number. Offerors will be advised of a date to submit questions related to upcoming pre-proposal conference. All responses will be posted in an Amendment to the solicitation in FedBizOpps.

D. It is standard procedure to ensure that any company that DLA Energy would select to provide these services adheres to all applicable host nation laws and regulations. Bidders are required to provide confirmation that they have secured authorization (i.e. permits, licenses etc.) from the Turkish Government to operate a petroleum facility on Incirlik AB, Turkey. Written confirmation (SEE Attachment VI of this solicitation) must be completed and returned with the submission of other required documentation by the required due date.

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

bidcustodian@dla.mil. All e-mail proposals MUST include three volumes as outlined below. 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 Required Page Limit I Technical Proposal 1 PDF electronic copy (See Note Below) II Offeror Submission

Package (OSP) includes Price Proposal

1 PDF electronic copy of OFFEROR

SUBMISSION PACKAGE

None

III Past Performance (PPQ) I PDF electronic copy None

Note: The Offeror must submit one (1) submission of the technical proposal. The first portion of the technical proposal must address the PWS and is limited to no more than 50 pages. The technical proposal must also include no more than 20 additional pages, per location, addressing the Base specific Appendix AF for each location for which an offer is submitted.

For Verification of Receipt: Contact Careka Squire at Careka.Squire@dla.mil (571) 767-6680.

mailto:bidcustodian@dla.mil mailto:Careka.Squire@dla.mil

Complete and return the PDF electronic copy of the Offeror Submission Package and the 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.

F. 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.

G. The Government intends to evaluate proposals and award contract without discussions with offerors.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. This procurement will use Source Selection Procedures using the Lowest Price Technically Acceptable process IAW FAR15.101-2. See FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (Oct 2014) for evaluation factors. The resulting type of contract will be Firm-Fixed-Price.

H. 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.

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

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

K. 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.

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS 9

B-0001 B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 9

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

THE PERFORMANCE WORK STATEMENT IS HEREBY INCORPORATED BY REFERENCE (IBR) AS IF

FULLY SET FORTH HEREIN. SEE ATTACHMENT I

SECTION E - INSPECTION AND ACCEPTANCE

THE QUALITY ASSURANCE PROVISIONS (QAP) PROVISIONS LISTED IN THIS SECTION ARE HEREBY

INCORPORATED IN FULL TEXT UNDER ATTACHMENT V OF THIS SOLICITATION

52.246-4 INSPECTION OF SERVICES- FIXED PRICE (AUG 1996) (IBR) 10

E-0001 ENERGY QAP E1.11-1 QUALITY CONTROL PLAN (GOCO) (AIR FORCE) (DLA ENERGY

APR 2007)

Attach

V

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

(DLA ENERGY APR 2016)

Attach

V

E-0003 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA

ENERGY DEC 2011)

Attach

V E-0004 ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987) Attach

V

E-0005 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC

2011) Attach

V E-0006 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970) Attach

V

SECTION F- DELIVERIES OR PERFORMANCE 10

52.242-15 STOP-WORK ORDER (AUG 1989) (IBR) 10

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY APR 2014) 10

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY APR

1997)

SECTION G - CONTRACT ADMINISTRATION DATA 11

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

2012) (IBR)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION) (MAY 2013) 11

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 13

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) 14

G-0004 G22 DESIGNATION OF THE DEFENSE FUEL REGION (DLA ENERGY JUL 1997) 15

SECTION H - SPECIAL CONTRACT REQUIREMENTS 15

H-0001 H11 GUARD SERVICE (DLA ENERGY MAR 1982) 15

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(DLA ENERGY JAN 2012)

SECTION I - CONTRACT CLAUSES 16

52.202-1 DEFINITIONS (NOV 2013) (IBR) 16

52.203-3 GRATUITIES (APR 1984) (IBR) 16

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ALTERNATE I (OCT 1995) (IBR)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010) (IBR)

52.203.19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) (IBR)

52.204-4 PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011) (IBR)

52.204-9 PERSONAL IDENTIFY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (IBR) 16

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) (IBR) 16

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) (IBR) 16

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

2016) (IBR)

52.209.6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT

2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015) (IBR)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017) 16

Addendum 1 to 52.212-4

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERICAL

ITEMS (JAN 2017) REFERENCES 52.243-1 CHANGES-FIXED PRICE (AUG 1987)

ALTERNATE II (APR 1984)

Addendum 2 to 52.212-4

ADDENDUM 2 TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (JAN 2017) REFERENCES 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) 31

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 31

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997) (IBR) 31

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) (IBR) 31

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (IBR) 37

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000) (IBR)

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (IBR) 37

52.229-6 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013) (IBR) 37

52.232-17 INTEREST (MAY 2014) 37

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013) (IBR)

52.233-1 DISPUTES (MAY 2014) (IBR) 38

52.233-3 PROTEST AFTER AWARD (AUG 1996) (IBR) 38

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IBR) 38

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

1984) (IBR)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) (IBR) 38

52.242-13 BANKRUPTCY (JUL 1995) (IBR) 38

52.245-1 GOVERNMENT PROPERTY (JAN 2017) ALTERNATE I (APR 2012) (IBR) 38

52.245-9 USE AND CHARGES (APR 2012) (IBR) 38

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 39

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) 39

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (IBR) 39

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (IBR) 39

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

2011) (IBR)

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

RELATED FELONIES (DEC 2008) (IBR)

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

(IBR)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) (IBR) 39

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) (IBR) 39

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (IBR) 39

252.204-7012 SAFEGUARDING COVERED DEFENSE INFRMATION AND CYBER INCIDENT

REPORTING (OCT 2016) (IBR)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016) (IBR)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(IBR)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT

2015) (IBR)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) (IBR) 39

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997) (IBR) 39

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (SEP 2014) (IBR)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) (IBR) 40

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) (IBR) 40

252.225-7043 ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE

UNITED STATES (JUN 2015) (IBR)

252.229-7001 TAX RELIEF (SEP 2014) (IBR) 40

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) (IBR) 40

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 40

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997) (IBR) 40

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

(JUN 2013) (IBR)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) (IBR) 41

252.243-7002 REQUEST FOR EQUITABLE ADJUSTMENT (DEC 2012) (IBR) 41

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (DOD CONTRACTS) (JUN 2013) (IBR) 41

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012) (IBR)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017) (IBR) 41

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

(IBR)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017) (IBR) 42

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

OPERATIONS (OCT 2010) (IBR)

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) (IBR) 42

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000) (IBR) 42

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) (IBR) 42

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

2016)

I-0001 I1.01-4 DEFINITIONS (CONT’D) (STORAGE) (DLA ENERGY JUN 2009) 42

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

ITEMS (DLA ENERGY FEB 1996)

I-0003 I116 RESPONSIBILITY FOR GOVERNMENT-OWNED PETROLEUM PRODUCTS (DLA

ENERGY JAN 2012)

I-0004 I116.01 LIABILITY FOR FUEL SPILLS (DLA ENERGY JAN 2012) 46

I-0005 I119.05 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD (GOCO) (AIR

FORCE) (DLA ENERGY DEC 2017)

I-0006 I121 CUSTODY OF PERTROLEUM PRODUCT (DLA ENERGY APR 1968) 51

I-0007 I122 USE OF FACILITIES (DLA ENERGY APR 2009) 51

I-0008 I123 TITLE TO FACILITIES (DLA ENERGY JUL 1991) 52

I-0009 I147 DEMURRAGE (DLA ENERGY NOV 1989) 52

I-0010 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012) 52

I-0011 I291 CONTRACTOR PUBLIC KEY INFRASTRUCTURE (PKI) IMPLEMENTATION (SEP

2009)

SECTION J - ATTACHMENTS 53

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (IBR) 53

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION

(JAN 2017) (IBR)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 53

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) 53

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) (IBR) 54

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 54

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (IBR)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV

2017) ALTERNATE I (OCT 2014)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATION (OCT 2015) (IBR)

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

2015) (IBR)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011) (IBR)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

IBR

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) 71

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 71

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 71

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 72

K-0003 K86 FOREIGN TAXES (DLA ENERGY NOV 2014) 72

K-0004 K150 WIDE AREA WORKFLOW (DLA ENERGY MAY 2014) 72

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS 73

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) 73

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) 74

Addendum to 52.212-1

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (JAN

2017)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) (IBR) 83

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) (IBR) 83

52.216-1 TYPE OF CONTRACT (APR 1984) 83

52.233-2 SERVICE OF PROTEST (SEP 2006) 83

52.237-1 SITE VISIT (APR 1984) (IBR) 83

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 83

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) (IBR) 83

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016) (IBR)

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011) (IBR) 83

252.215-7008 ONLY ONE OFFER (OCT 2013) 83

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 85

L-0002 L2.11-4 EMAIL PROPOSALS (DLA ENERGY OCT 2010) 85

L-0003 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 86

SECTION M – EVALUATION FACTORS FOR AWARD 87

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) 87

52.217-5 EVALUATION OF OPTIONS (JUL 1990) 92

M-0001 M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 92

*IBR = Incorporated by Reference

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

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

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

The Contractor shall provide ground fuel services in support of Incirlik AB, Turkey. These services include operation and maintenance, security and safety of government aviation and ground fuel facilities located at Incirlik AB, Turkey. Ground and aviation fuel services encompass the receipt, storage, and dispensing of fuel products to tenant and visiting commands at the above location.

LINE ITEM 0001: OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours January 23, 2019 through 1200 hours January 22, 2023.

PLACE(S) OF PERFORMANCE: Incirlik AB, Turkey

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0001 M1GC 48 Months $____________ $______________ (January 23, 2019 through January 22, 2023)

LINE ITEM 0002 (OPTION 1): OCONUS GOCO Storage Services, V20000038: (FIRM-FIXED PRICE)

The Contractor shall operate and maintain the Government-owned bulk fuel facilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, for the period 1200 hours January 23, 2013 through 1200 hours January 22, 2028.

PLACE(S) OF PERFORMANCE: Incirlik AB, Turkey

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TOTAL

0002 M1GC 60 Months $____________ $______________ (January 23, 2023 through January 22, 2028)

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

SECTION C - SPECIFICATIONS/STATEMENT OF WORK

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

SECTION E – INSPECTION AND ACCEPTANCE

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

THE QUALITY ASSURANCE PROVISIONS (QAP) LISTED IN THIS SECTION ARE HEREBY

INCORPORATED IN FULL TEXT UNDER ATTACHMENT V OF THIS SOLICITATION

E-0001 ENERGY QAP E1.11-1 QUALITY CONTROL PLAN (GOCO) (AIR FORCE) (DLA ENERGY

APR 2007)

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

ENERGY APR 2016)

E-0003 ENERGY QAP E28 CONTRACTOR INSPECTION RESPONSIBILITIES (STORAGE) (DLA

ENERGY DEC 2011)

E-0004 ENERGY QAP E34 TEST FOR SULFIDES IN WATER (DLA ENERGY MAY 1987)

E-0005 ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

E-0006 ENERGY QAP E36 INSPECTION (STORAGE) (DLA ENERGY FEB 1970)

SECTION F - DELIVERIES OR PERFORMANCE

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

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

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

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

ceiling price; quantity; delivery location; and the required delivery and/ or service date.

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

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

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

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

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

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

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

F-0002 F200 DELIVERY PERIOD AND PERFORMANCE REQUIREMENTS (DLA ENERGY APR

1997)

The Contractor shall operate, maintain, and protect the Government-owned bulk petroleum terminal at Defense Fuel Support Incirlik AB, Turkey in accordance with all terms and conditions set forth herein for the period of 12:00 noon, January 23, 2019 through 12:00 noon, January 22, 2023.

SECTION G - CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012) (IBR)

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).

Invoice 2-in-1 (Services Only) ___________________________________________________________

(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.

Not Applicable_________________________________________________________

(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.

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

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 SE6F08; Extension OSGOCO 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 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.

__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 Phone: (800) 446-4950

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

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.

mailto:bsme.helpdesk@dla.mil

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 the—DLA Energy Europe & Africa

(b) The Defense Fuel Office to which reference is made herein is the—DLA Energy Europe & Africa - Turkey

(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 H - SPECIAL CONTRACT REQUIREMENTS

H-0001 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-0002 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 occurrence

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

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

AUTOMOBILE LIABILITY INSURANCE.

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

AT LEAST $500,000 per occurrence

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

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

SECTION I - CONTRACT CLAUSES

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

52.203-3 GRATUITIES (APR 1984) (IBR)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ALTERNATE I (OCT 1995) (IBR)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010) (IBR)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017) (IBR)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011) (IBR)

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

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) (IBR)

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

2016) (IBR)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) (IBR)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013) (IBR)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV

2015) (IBR)

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. See Addendum with Clause 52.243-1 CHANGES.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an electronic invoice to the address designated in the contract to receive invoices.

An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within…