Attachment_II_-_Offeror_Submission_Plan_(OSP).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

0072515835 55

SPE603-18-R-0526

Micherie M. Dougherty (571) 767-3681

SPE603

See Schedule RFP/OSP Section B: Supplies/Services and

Prices/Cost

See Block 9

Defense Finance & Accounting Service - Columbus Center

Fuels Payment Division, Services Commodity/JAQBAD

P.O Box 182317

Columbus, OH 43218-2317

Fax: (614)693-2360

See Schedule DLA Energy Contract Text B-0001-

B34.01 SERVICES TO BE FURNISHED AND PRICES

300,000 BBLS JP5; 300,000 BBLS Jet A Storage

Greater Los Angeles, CA area

Period of Performance: October 10, 2018 - October 9, SHANE A. BANKS

493190

$27,500,000.00

06/29/2018

08/15/2018 12:00 P.M.

DLA Energy - FESBB

8725 John J. Kingman Road, Suite 2945

Fort Belvoir, VA 22060-6222

Buyer/Office: Micherie M. Dougherty/micherie.

dougherty@dla.mil

SL4701

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SPE603-18-R-0526

Attachment II Offeror Submission Package

OFFEROR SUBMISSION

PACKAGE

COCO STORAGE SERVICES

GREATER LOS ANGELES, CA AREA

SOLICITATION

SPE60318R0526

TO BE TIMELY, OFFERS MUST BE RECEIVED AT DLA ENERGY

BY

AUGUST 15, 2018 NO LATER THAN 12:00 PM LOCAL FT. BELVOIR, VA (EST)

TIME

INSTRUCTIONS:

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

Package must be returned to the Defense Logistics Agency - Energy with your offer. All documents to be completed and returned are contained in this package.

See FAR 52.212-2 Evaluation -- Commercial Items (OCT 2014)/ADDENDUM to

FAR 52.212-2, FAR 52.212-1 Instructions to Offerors – Commercial Items (JAN

2017)/ADDENDUM to FAR 52.212-1 for additional information to be submitted.

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

1449 (SF 1449) in blue or black ink.

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

Custodian at the address of the Request for Proposal.

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

SOLICITATION: SPE603-18-R-0526

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

DESCRIPTION OF SERVICES: This requirement is to procure Contractor-Owned, Contractor-Operated (COCO) fuel storage facilities and services capable of receiving, shipping, storing, and protecting approximately 300,000 barrels (bbls) of Jet A and 300,000 barrels of JP5 within the Greater Los Angeles Basin, California area. A minimum of two tanks interconnected and isolated from other facilities and products handled with the storage facility is required. Total throughput (allowed throughput) of 1,750,000 bbls for each 12-month contract period excluding initial fill or final shipment is required. Contractor must be able to receive product via tanker/barge and commercial/refinery pipeline system. Shipping capability must be via Santa Fe

Pacific Pipeline (SFPP) system and tank truck.

ANTICIPATED PERFORMANCE PERIOD: October 10, 2018 through October 9, 2022

(Four Year Base Period), October 10, 2022 through October 9, 2027 (One, Five-year Option) and a option to extend the contract for no longer than six months from October 10, 2027 through

April 9, 2028.

Submit Offers to:

US Post Office/US Post Office Express Mail offer only

ATTN: DLA Energy-FESBB, Bid Custodian

Room 2945

Defense Logistics Agency Energy

8725 John J. Kingman Road, Suite 2945

Fort Belvoir, Virginia 22060-6222

Hand Carried/Courier Delivery Service only:

ATTN: DLA Energy-FESBB, Bid Custodian

Room 2945

Crystal Randolph /Telephone: 571-767-0206

Defense Logistics Agency Energy

8725 John J. Kingman Road, Suite 2945

Fort Belvoir, Virginia 22060-6222

For Verification of Receipt: Contact crystal.randolph@dla.mil, (571) 767-0206.

TO BE TIMELY, OFFERS MUST BE RECEIVED AT

THE DEFENSE LOGISTICS AGENCY ENERGY- FESBB

BY

August 15, 2018 @ 12:00 P.M. Local Fort Belvoir Time

QUESTIONS:

Questions should be submitted via email to crystal.randolph@dla.mil and shane.banks@dla.mil no later than 12:00 P.M. Fort Belvoir time on Thursday, July 26, 2018. Please note the solicitation number in the subject line of your email.

INSTRUCTIONS:

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

Energy-FESBB as part of your offer.

mailto:crystal.randolph@dla.mil mailto:shane.banks@dla.mil

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

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

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

bidcustodian@dla.mil, crystal.randolph@dla.mil and CC Shane.Banks@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.

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

Volume Title No. of Copies Required Page

Limit

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

II Offeror Submission

Package (OSP) includes

Price Proposal

1 original and 1 PDF electronic copy of

Attachment III

OFFEROR SUBMISSION PACKAGE

None

III Past Performance

(PPQ)

1 PDF electronic copy None

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

6. Department of Labor Wage Determinations: The minimum wage rates and fringe benefits applicable to the period of performance are contained in Wage Determination CBA No. 2018-

11186 (See Attachment III).

7. Pricing of Services:

a. The prices submitted must be inclusive of all direct costs, indirect costs, and profit. Offerors

MUST include ALL cost associated with providing the services described herein.

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

mailto:bidcustodian@dla.mil,%20crystal.randolph@dla.mil mailto:Shane.Banks@dla.mil.

Contents

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 - SPECIFICATIONS/SOW/SOO/PWS

SECTION E – INSPECTION AND ACCEPTANCE

E-0003-ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE TANKS (DLA

ENERGY FEB 2017)

SECTION F – DELIVERIES OR PERFORMANCE

F-0007-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

SECTION G – CONTRACT ADMINISTRATION DATA

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 K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

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 (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) ALTERNATE I (SEPT 2015)

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

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

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 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:

BASE

CONTRACT LINE ITEM 0001 – CONUS COCO STORAGE SERVICES, V20000034:

(FIRM FIXED PRICE)

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the base period of October 10, 2018 through October

9, 2022 (4 years).

AREA(S) OF CONSIDERATION: Greater Los Angeles, CA area

The prices for the services and facilities to be provided during the FOUR-YEAR performance period (October 10, 2018 through October 9, 2022.), as described in the Performance Work

Statement, includes the following:

LINE ITEM 0001:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)1

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(4 YEARS)

TOTAL PRICE: $ $ $

NOTE: A fill capacity quantity of 600,000 barrels is required. Monthly and Annual Storage

1Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart.

All dedicated line fill (if applicable) should be captured on a separate line above notated as

“Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: For evaluation purposes: EXTP will be evaluated at 100,000 barrels. The price offered for EXTP will be added to the Offeror’s total price. The EXTP per barrel price is:____________.

NOTE: For evaluation purposes: Any interface/transmix generated during pipeline issue/receipt will be evaluated at 100,000 barrels. The price offered for interface/transmix will be added to the Offeror’s total price. The interface/transmix per barrel price is: _____________.

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

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

Tank Monthly CONUS

COCO Storage

Service Price

Annual Storage Use

Charge

Daily

Reduction/Addition

Per Tank When

Removed

From/Returned To

Revenue IAW E18

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

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

365 Days

OPTION 1

CONTRACT LINE ITEM 0002 – CONUS COCO STORAGE SERVICES, V20000034:

(FIRM FIXED PRICE)

The Contractor shall provide Contractor-Owned, Contractor-Operated COCO bulk fuel service capabilities in accordance with the Performance Work Statement, Section C, and all other terms and conditions set forth herein, during the base period of October 10, 2022 through October

9, 2027 (5 years).

AREA(S) OF CONSIDERATION: Greater Los Angeles, CA area

The prices for the services and facilities to be provided during the FOUR-YEAR performance period (October 10, 2022 through October 9, 2027.), as described in the Performance Work

Statement, includes the following:

LINE ITEM 0002:

TANK

NO.

PRODUCT

TYPE

SHELL

CAPACITY

(BARRELS)

FILL

CAPACITY

(BARRELS)

CONUS

COCO

STORAGE

SERVICES

(MONTHLY

USE COCO

CHARGE)2

ANNUAL

STORAGE

USE

CHARGE

TOTAL

PRICE

(5 YEARS)

TOTAL PRICE: $ $ $

NOTE: A fill capacity quantity of 600,000 barrels is required. Monthly and Annual Storage

Charges shall be based on this quantity. Additionally, Monthly Usage prices when multiplied by 12 months should equate to the Annual Storage Usage Charge as stated in the above chart.

All dedicated line fill (if applicable) should be captured on a separate line above notated as

“Dedicated Line Fill.” The Government shall have the right to utilize the total Fill Capacity of above identified tanks at no increase to the offered storage charges.

NOTE: For evaluation purposes: EXTP will be evaluated at 100,000 barrels. The price offered for EXTP will be added to the Offeror’s total price. The EXTP per barrel price is:____________.

NOTE: For evaluation purposes: Any interface/transmix generated during pipeline

2Includes initial & final shipment price. In the event of a part month, the monthly price will be prorated.

issue/receipt will be evaluated at 100,000 barrels. The price offered for interface/transmix will be added to the Offeror’s total price. The interface/transmix per barrel price is: _____________.

NOTE: In accordance with (IAW) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV

1999), the contractor is accepting that prices for the extension(s) not to exceed six months (if required) will remain the same as the offered prices under DLA Energy Contract Provision B-

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

IAW Energy QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM STORAGE

TANKS (DLA ENERGY FEB 2017), tanks required to be cleaned/inspected at the contractors expense shall be removed from/returned to revenue at a prorated amount. Prorated daily reductions/additions to line item 0002 (CONUS COCO Storage Services) for utilization during the month in which the tank is removed from/returned to revenue for cleaning/inspection for each tank offered should be annotated in the chart below:

Tank Monthly CONUS

COCO Storage

Service Price

Annual Storage Use

Charge

Daily

Reduction/Addition

Per Tank When

Removed

From/Returned To

Revenue IAW E18

NOTE: For each full calendar month a tank is out of service and removed from revenue, line item 0001 shall reflect a reduction to $0.00 for the subject tank. If alternate tankage was not offered under E18 and will not be utilized when cleaning/inspection occurs, the rates in the above chart will be utilized when subject tank is out of service. Rates above shall be determined for each tank offered under line item 0002 by utilizing the following formula:

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

365 Days

SECTION C - SPECIFICATIONS/SOW/SOO/PWS

The Performance Work Statement (PWS) is incorporated by reference as if fully set forth herein. Refer to Attachment I.

SECTION E – INSPECTION AND ACCEPTANCE

E-0003-ENERGY QAP E18 INSPECTION AND CLEANING OF BULK PETROLEUM

STORAGE TANKS (DLA ENERGY FEB 2017)

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

SECTION F – DELIVERIES OR PERFORMANCE

F-0007-F76 CONTRACT PERIOD/PERFORMANCE REQUIREMENTS (STORAGE)

During the contract period, 10 OCTOBER 2018 through 9 OCTOBER 2022, the Contractor shall provide petroleum storage facilities and services at the following location:

(Street address)

(City/State/Zip)

SECTION G – CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

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

Officer.

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

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

Inspection and Receiving Report.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252246.htm

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

WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide

Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

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

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a

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

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

Data System (TEDS) as the electronic format; or

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

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

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

(End of clause)

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

(a) Definitions. As used in this clause—

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

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

Wide Area WorkFlow (WAWF).

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

https://wawf.eb.mil/

(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.

Routing Data Table* http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SPE603

Admin DoDAAC SPE603

Inspect By DoDAAC SJ0652; EXTENSION: USCOCO

Ship To Code NOT APPLICABLE

Ship From Code NOT APPLICABLE

Mark For Code NOT APPLICABLE

Service Approver (DoDAAC) NOT APPLICABLE

Service Acceptor (DoDAAC) SPE603; EXTENSION: USCOCO

Accept at Other DoDAAC NOT APPLICABLE

LPO DoDAAC NOT APPLICABLE

DCAA Auditor DoDAAC NOT APPLICABLE

Other DoDAAC(s) NOT APPLICABLE

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

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. NOT APPLICABLE

(g) WAWF point of contact.

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

EMAIL: bsme.helpdesk@dla.mil

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

(End of clause)

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

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

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

ENERGY JAN 2017)

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

TRANSFER - CENTRAL CONTRACTOR REGISTRATION or the PAYMENT BY

ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR

REGISTRATION 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) (a) The Defense Fuel Region to which reference is made herein is the-- DLA Energy

Americas West Region

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

DLA Energy AMW

3171 N. Gaffey Street

San Pedro, CA 90731-1099

Phone: (310) 241-2801

Fax: (310) 241-2836

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

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS

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

(a) Definition. As used in this provision—

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

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)

Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the

Offeror is located in the United States or its outlying areas and does not already have a

CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

http://www.sam.gov/

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in

SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

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

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

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by

52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

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

(End of Provision)

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

(a) Definitions. As used in this provision—

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

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)

Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and

Government Entity (CAGE) Branch records and maintains the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://www.cage.dla.mil/

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

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

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:________________________________________

Immediate owner legal name:_________________________________________ (Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:________________________________________

Highest level owner legal name:_________________________________________ (Do not use a “doing business as” name)

(End of provision)

52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

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

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

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization

(NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government

Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

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

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

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

Predecessor legal name: ______________________________.

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

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS – REPRESENTATION (NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic

Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085953

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for:

commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-

7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds

$3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of

Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy

Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner;

partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent

Certification May Render the Maker Subject to Prosecution Under Section

1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision—

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

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

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

and

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

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

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

$100,000.

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

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

Award Management database via https://www.acquisition.gov (see 52.204-7).

https://www.acquisition.gov/

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (JAN 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

“Civil judgment” means--

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

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or

State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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

Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August

25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

http://www.sam.gov/portal http://www.dol.gov/fairpayandsafeworkplaces

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

Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal

Employment Opportunity Commission, the Occupational Safety and Health Review

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations.

The enforcement agencies associated with each labor law under E.O. 13673 are--

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

(i) The Fair Labor Standards Act;

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

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

Act;

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

(vi) The Family and Medical Leave Act; and

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

Contractors);

(2…