Terms_and_Conditions_for_SPE60518R0216.pdf

RFP SPE605-18-R-0216

PURCHASE PROGRAM: 1.6F ISRAEL

THE ENCLOSED SOLICITATION COVERS THE FOLLOWING:

ORDERING PERIOD

OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2021

DELIVERY PERIOD

48 HOURS AFTER THE ORDERING BEGINS THROUGH OCTOBER 30, 2021

QUESTIONS ARE DUE:

JULY 19, 2017 @ 4:00P.M. EASTERN STANDARD TIME (EST)

OFFERS MUST BE RECEIVED BY:

AUGUST 2, 2018, 1:00PM EASTERN STANDARD TIME (EST)

LIST OF ATTACHMENTS:

ATTACHMENT I – SPECIAL NOTES

ATTACHMENT II – FUEL DATA SHEET

ATTACHMEN III – SAMPLE OF CERTIFICATE OF ANALYSIS (CoA)

ATTACHEMNT IV – COMMITMENT LETTER INSTRUCTIONS

OFFERS MUST BE ACCOMPANIED BY SPECIFICATION SHEETS FOR THE TYPES OF FUEL OFFERED OR WILL

NOT BE CONSIDERED FOR EVALUATION.

PLEASE NOTE:

(1) THIS SOLICITATION IS BEING ISSUED IN ACCORDANCE TO FAR PART 12 (ACQUISITION OF

COMERCIAL ITEMS) AND FAR PART 13.5 (SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS)

(2) THE RESULTING AWARD ACTION WILL BE THE ESTABLISHMENT OF A NEW INDEFINEIT

DELIVERY (REQUIREMENTS TYPE) CONTRACT.WITH ECONOMIC ADJUSTMENT

(3) PLEASE REFER AND APPLY FAR 52.212-2 AND B19.02 WHEN SUBMITTING OFFER.

(4) OFFERORS SHOULD REFERENCE FAR CLAUSE 52.212-1(f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWAL OF OFFERS.

(5) BY SUBMISSION OF THIS PACKAGE, YOU ARE STATING THAT ALL THE TERMS AND CONDITIONS OF THE

ENTIRE SOLICITATION ARE ACCEPTED AND APPLY TO YOUR OFFER UNLESS CLEARLY STATED HEREIN

(6) OFFERORS ARE NOT PERMITTED TO AUGMENT OR REMOVE ANY TERMS AND CONDITIONS FOUND IN

THE BODY OF THE SOLICITATION OR THE OFFEROR SUBMISSION PACKAGE (OSP). OFFEROR

EXCEPTIONS: IF OFFERORS WOULD LIKE TO TAKE EXCEPTION TO ANY TERM OR CONDITION, THEY MAY DO

SO BY SUBMITTING A SEPARATE DOCUMENT LISTING THE EXCEPTIONS THEY WISH TO TAKE.

(7) PLEASE ENSURE PRICING IS STATED FOR EACH ITEM IN UNITS OF US DOLLORS PER US GALLONS

($/USG). NOT PRICE DIFFERENTIALS. OFFER ONE PRICE PER LINE ITEM, WHICH WILL

ESCALATE/DE-ESCALATE WITH THE NAMED INDEX.

(8) PLEASE FILL IN (ENCLOSED WITHIN THIS DOCUMENT) FOR FAR 52.212.3 (IF IN SAM (SYSTEM

FORAWARD MANAGAMENT) NOT REQUIRED; DO STATE IF CERTIFICATION IS IN SAM),

(9) PLEASE FILL IN (ENCLOSED WITHIN THIS DOCUMENT) DFARS 252.225-7020

(10) OFFERORS SHALL BE REGISTERED IN SAM AT THE TIME FOR AWARD TO BE CONSIDERED FOR

AWARD. OFFERORS TO ENSURE REGISTRATION IN DIBBS (DLA INTERNET BID BOARD SYSTEM)

AND WAWF/IRAPT (WIDE AREA WORKFLOW), IF OFFEROR IS AWARDED.

(11) OFFEROR SHALL FILL IN THE FIRST PAGE (PAGE 1 OF SF1449) BLOCK 17A AND BLOCKS 30A-C AND

SUBMIT.

(12) ALL OFFERORS ARE REMINDED THAT EVERY SOLICITATION STANDS ON ITS OWN. EVERY

OFFEROR WILL BE EVALUATED IN ACCORDANCE WITH 15.101-2 -- LOWEST PRICE TECHNICALLY

ACCEPTABLE SOURCE SELECTION PROCESS.

(13) CLARIFICATION: ANY REFERENCE TO DAY(S) WITHIN THE SOLICITATION SHOULD BE CONSIDERED

BUSINESS DAY(S) (MONDAY THROUGH FRIDAY). HOURS OF OPERATION LISTED IN THE SCHEDULE

(SECTION “B”) ARE FOR AFGHANISTAN’S TIME ZONE, ANY OTHER REFERENCE TO HOURS/TIME, UNLESS

OTHERWISE STATED, WITHIN THE SOLICITATION WILL BE FOR EASTERN STANDARD TIME (EST). ANY

REFERENCE TO HOLIDAYS SHALL BE CONSIDERED U.S. HOLIDAYS UNLESS OTHERWISE NOTED AS AN

AFGHANISTAN HOLIDAY. ANY REFERENCE TO BIMONTHLY SHALL BE CONSIDERED TWICE A MONTH, UNLESS OTHERWISE NOTED. ALL QUANTITIES LISTED ON THE SCHEDULE (SECTION “B”) ARE

ESTIMATES.

(14) DISCUSSIONS: THE GOVERNMENT CONTEMPLATES AND INTENDS TO AWARD WITHOUT DISCUSSIONS;

HOWEVER, TO MAXIMIZE THE GOVERNMENT’S ABILITY TO OBTAIN BEST VALUE, IT MAY BE

NECESSARY TO CONDUCT DISCUSSIONS. DISCUSSIONS MAY BE CONDUCTED EITHER ORALLY OR IN

WRITING. THE SCOPE AND EXTENT OF DISCUSSIONS ARE A MATTER OF CONTRACTING OFFICER

JUDGEMENT. OFFERORS ARE ADVISED TO SUBMIT INITIAL PROPOSALS, WHICH ARE FULLY AND

CLEARLY COMPLIANT WITHOUT THE NEED FOR ADDITIONAL INFORMATION.

(15) NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO, AT THE TIME OF AWARD, WAS

SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF CONTRACTS WITH GOVERNMENT AGENCIES, OR WAS IN RECEIPT OF A NOTICE OF PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY, IS

VOIDABLE AT THE OPTION OF THE GOVERNMENT.

(16) A PRE-AWARD SURVEY, IF APPLICABLE, IS REQUIRED IF THE CURRENT PRE-AWARD SURVEY OF THE

OFFEROR IS EXPIRED OR IF THE OFFEROR HAS NOT PERFORMED UNDER A DLA ENERGY CONTRACT, OR

AT THE DISCRETION OF THE CONTRACTING OFFICER. THE PRE-AWARD SURVEY MUST BE APPROVED TO

BE CONSIDERED FOR AWARD. A PRE-AWARD SURVEY IS AN ONSITE (IN THE PHYSICAL LOCATION OF

THE OFFEROR) REVIEW OF THE OFFEROR’S CAPABILITIES AS IT RELATES TO THE ISSUED SOLICITATION.

THE GOAL OF THIS ONSITE REVIEW IS TO ENSURE THAT THE CAPABILITIES EXIST TO SUPPORT THE

REQUIREMENT THE OFFEROR OFFERED AGAINST; MITIGATING RISK OF NON-PERFORMANCE DUE TO

LACK OF CAPABILITY. IF AN OFFEROR DOES NOT PASS A PRE-AWARD SURVEY IT SHALL REFLECT

NEGATIVELY AGAINST THE OFFEROR’S RESPONSIBILITY DETERMINATION.

SUPPLIES OR SERVICES & PRICES OR COSTS

B1.05-2 — SUPPLIES TO BE FURNISHED (OVERSEAS PC&S) (ALASKA/HAWAII) (DLA ENERGY JAN 2012)

(a) The supplies to be furnished during the period specified in the REQUIREMENTS clause, the delivery points, methods of delivery, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. The Government agrees to order from the Contractor and the Contractor shall, if ordered, deliver during the contract period all items awarded under this contract. The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE

ADJUSTMENT contract provision.

(b) In an emergency, oral orders may be issued and must be confirmed in writing by a Standard

Form 1449 or DD Form 1155 within 24 hours.

(c) Offers shall not be submitted for quantities less than the estimated quantities specified below for each line item. Offers submitted for less than the estimated quantities will not be considered for award.

SUPPLIES DELIVERY POINTS OFFER PRICE

ITEMS AND METHOD OF DELIVERY ESTIMATED QUANTITY (USG) ($/USG)

0001 DIESEL FUEL 10 PPM SULF (SFD) 1,290,000.00

MOUNT HAR KEREN, ISRAEL

NSN 9140-01-556-9156

TANK TRUCK (TT), /W PUMP & METER

4/6,600 ABOVE GROUND TANK

DELIVERY HOURS: 0001-2359 7 DAYS

COORDINATE WITH POC SSG WILLIAMS:

JERRY.W.FIDLER@MAIL.MIL

DELIVERY NOTES: THE CONTRACTOR

MUST PROVIDE CAPABILITY TO DOWNLOAD

FUEL INTO THE FUEL STORAGE APPARATUS.

VENDOR MUST CONTACT THE UNIT TO COORDINATE

COMPATIBILITY OF EQUIPMENT.

6,600 USG PER WEEK

By signing below, offeror agrees to all terms and conditions of this solicitation.

NAME OF SIGNATORY (TYPE OR PRINT):

OFFEROR SIGNATURE: DATE:

SPECIAL NOTES:

(a) Offerors submitting electronic responses to this solicitation must limit email size to 10MB for a single email.

Emails over 10MB may not be delivered because of server restriction on mail size for delivery.

(b) Offerors note: The U.S. Government is tax exempt. DO NOT include any taxes in offered prices for which the U.S. is tax exempt.

(c) Any violation of the Iran Sanctions Act is strictly forbidden. Contractor shall not source nor blend any portion of the fuel destined for DLA Energy with refined fuel products sourced from Iran. In accordance with FAR 52.212-3 --

OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (Mar 2015), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

(d) Exceptions: Any exceptions the offeror takes to the terms and conditions of the solicitation must be submitted with the offer. Offerors shall submit all exceptions taken in list format. Only exceptions detailed in the offer will be treated as exceptions to the terms and conditions of the solicitation. Any exceptions taken by the offeror will be considered by the Government and either accepted or rejected. Exceptions that are accepted by the Government will be incorporated into any resultant contract; exceptions that are rejected by the Government must be withdrawn by the offeror or the offer will be rejected.

(e) Offerors must submit pricing in unit price/per USG format: Example: ($0.000000/USG)

(f) See Attachment I to the solicitation for additional special instructions.

mailto:JERRY.W.FIDLER@MAIL.MIL

B19.02 — ECONOMIC PRICE ADJUSTMENT (OVERSEAS) (DLA ENERGY JAN 2012)

A. WARRANTIES. The Contractor warrants that--

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract the Schedule.

B. DEFINITIONS. As used throughout this contract provision, the term--

(1) Award price means the unit price offered by the Contractor and set forth opposite the item in

(2) Reference price means the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means--

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading;

(B) F.O.B. DESTINATION. The date and time vessel commences discharging;

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b. point; and

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

C. ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is—

[ ] (i) the low price published in

(name of publication)

[X] (ii) The average of the prices published in PLATTS_OILGRAM

[ ] (iii) The established price posted by and

(name of company) published in

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts

Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below. If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used. NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. DLA Energy will correct any other reference prices, as notice of the correction is received.

DLA Energy will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this contract provision until the increase has been verified by the Contracting Officer.

(ii) DECREASES. If the Contractor fails to notify the Contracting Officer of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the

Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

D. MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DLA Energy web page at http://www.desc.dla.mil under the heading Vendor Resources and then Product Price Adjustments.

E. FAILURE TO DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the

CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

F. UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed

375 percent of the award price, except as provided hereafter:

(ii) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(iii) If an actual increase in the reference price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

G. REVISION OF REFERENCE PRICE INDICATOR. In the event—

(1) Any applicable reference price is discontinued or its method of derivation is altered substantially;

(2) The reference price is an average of published or posted prices, and any one price ceases to be published or posted;

(3) The reference price is published in a trade price service or commercial journal and such publication ceases to publish said reference price or changes its method of quoting prices; or

(4) The Contracting Officer determines that the reference price consistently and substantially failed to reflect market conditions— the parties shall mutually agree upon an appropriate and comparable substitute for determining the price adjustment described hereunder. The contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with the Disputes paragraph of the CONTRACT TERMS AND

CONDITIONS – COMMERCIAL ITEMS clause of this contract.

H. CONVERSION FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS contract provision, apply unless otherwise specified in the Schedule.

I. EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representatives shall have the right to examine the Contractor’s books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this contract provision.

J. FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision.

http://www.desc.dla.mil/

K. TABLE.

NOTE: PLATTS’ product prices will escalate monthly based on the average of high and low assessments contained in the

Platt’s publication of each month in which deliveries are made. Therefore, the effective price for the period of the 1st through the

30th /31st will be the average of the high and low assessments for the previous month’s assessments posted on the 1st of each month. Saturdays and Sundays shall be considered as Platt’s non-publication days. If assessments are not posted by Platts during the period that delivery was made due to a holiday or another occurrence, only the posted assessments for that period will be used in the calculation.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that shall be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

http://farsite.hill.af.mil

PROVISION/CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3 Gratuities

FAR 52.203-11 Cert. and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep

2007)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.211-17 Delivery of Excess Quantities (SEP 1989)

FAR 52.212-1 Instructions to Offerors – Commercial Items (Jan 2017)

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

FAR 52.214-34 Submission of Offers in the English Language (Apr 1991)

FAR 52.214-35 Submission of Offers in U.S. Currency (Apr 1991)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

FAR 52.228-3 Workers Compensation Insurance (Defense Base Act) (Jul 2014)

FAR 52.229-6 Taxes -- Foreign Fixed-Price Contracts (Jun 2003)

FAR 52.232-17 Interest (May 2014)

FAR 52.232-38 Submission of Electronic Funds Transfer Information with Offer (May 1999)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996)

FAR 52.247-34 F.o.b. Destination (Nov 1991)

FAR 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984)

FAR 52.247-46 Shipping Point(s) Used in Evaluation of F.o.b. Origin Offers (Apr 1984)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (Sep 2013)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)

I II III IV V VI VII

Item

No.

(listed items)

Name of company/ publication

(Identify by number from (c)(2) above)

If company –

Name of product If publication– heading under which reference price is published and name of product

Location where reference price is applicable

Method of delivery applicable to the reference price

Reference price as of

Reference price as of

01 June

(exclude all taxes)

Maximum price payable under this contract

(includes any tax included in the award price)

PLATTS

OILGRAM

ULSD 10 PPM CIF

MED

Har Keren, Israel

Truck

$1.942594 http://farsite.hill.af.mil/

DFARS 252.209-7002 Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009)

DFARS 252.225-7021 Trade Agreements (Dec 2017)

DFARS 252.225-7043 Anti-Terrorism/Force Protection for Defense Contractors Outside the United States (JUNE

2015)

DFARS 252.232-7003 Electronic Submission of Payment Request and Receiving Reports (Jun 2012)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.233-7001 Choices of Law (Overseas) (Jun 1997)

DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontractors for Commercial Items (Jun 2013)

DFARS 252.246-7000 Material Inspection and Receiving Report (Mar 2008)

DLAD 52.233-9001 Disputes: Agreement to use Alternative Dispute Resolution (Dec 2016)

FAR 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 proceedings 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).

FAR 52.211-16 — VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to each delivery order.

FAR 52.212-2 — EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(I) Technical capability - In order to be considered, an Offeror shall meet or exceed the technical acceptability standards for

Supplies; Terms and Conditions as follows:

(a). Acceptable. Terms and Conditions shall be defined as an offer that meets the minimum requirements of the solicitation, including the Government's product specification requirements in Section B, delivery requirements in Section F, and all requirements identified in Section J.

(b). Unacceptable. Terms and Conditions shall be defined as an offer that does not meet the minimum requirements of the solicitation.

Note: Any Offeror receiving a rating of Unacceptable for any of the technical sub-factors (i.e. operational storage, transportation or supply) will receive an overall rating of Unacceptable. If, after discussions, the Offeror cannot raise its score for that sub-factor(s) to a minimum of Acceptable, the Offeror’s rating will be Unacceptable, and it will not be considered for contract award.

The Government will evaluate the following sub factors which are all equal to one another in importance/ value:

(1) Sub Factor 1:

Supply: The Government will evaluate the Offeror’s supply plan to assess the Offeror’s ability to supply all of the products listed and in the estimated quantities stated in the schedule (Solicitation Provision B1.05). In order to conduct proper evaluations for supply, the offeror will read and understand the requirements for this sub factor listed in the special notes, and all other line item notes and contract provisions contained in this solicitation and submit separate attachments and provide details/narrative in the body of their written offer. The following items are required to be submitted for consideration:

- A detailed description and a map or chart of the offeror’s supply chain, from vendor source to final delivery in accordance with Attachment IV - Special Notes, paragraph(s) 1, 2, 6, 7 and 10, at minimum.

- All Source letters of commitments in accordance with Attachment IV - Special Notes, paragraph 3.

- All third party laboratory letter of commitment in accordance with Attachment IV - Special Notes, paragraph

3.

- Certificates of Quality and/or Analysis (COQ/COA), for all products listed in the attached schedule of this solicitation, in accordance with Attachment IV - Special Notes paragraph(s) 4 and 5.

- Any letters of intent and/or requests for exceptions and deviations in accordance with quality text E35, M72 and Attachment IV - Special Notes, paragraph(s) 5 and 13.

- All other documents and attachments not covered here and which may be requested in the special notes or in the body of the solicitation.

http://www.acquisition.gov/

(2) Sub Factor 2:

Transportation: The Government will evaluate the Offeror’s transportation plan to assess the Offeror’s ability to arrange and execute transportation to support orders placed under contract and its schedule. In order to conduct proper evaluations for transportation, the offeror will read and understand the requirements for this sub factor listed in the special notes, and all other line item notes and contract provisions contained in this solicitation and submit separate attachments and provide details/narrative in the body of their written offer. The following items are required to be submitted for consideration:

- A detailed description of the offeror’s plan and movement of product(s) to the locations listed in the solicitation schedule in accordance with Attachment IV - Special Notes, paragraph(s) 7 and 8.

- A list and description of all leased and owned transportation modes to be used and/or available for use under this contact in accordance with Attachment IV - Special Notes, paragraph(s) 8 and 9.

- All transportation asset letters of commitment in accordance with the special notes, paragraph(s) 3.

- Any letters of intent and/or requests for exceptions and deviations in accordance with quality text E35, M72 and Attachment IV - Special Notes, paragraph(s) 5 and 13.

- All other documents and attachments not covered here and which may be requested in the special notes or in

(3) Sub Factor 3:

Quality Assurance Operations: The government will evaluate the offeror’s quality control plans (QCP) and standard operating procedures/statement of work(SOP/SOW) for their ability to show that the contractor is capable of insuring that the quality of the product remains within the specification limits from origin to destination. In order to conduct proper evaluations for overall cradle to grave quality assurance, the offeror will read and understand the requirements for this sub factor listed in the special notes, and all other line item notes and contract provisions contained in this solicitation and submit separate attachments and provide details/narrative in the body of their written offer. The following items are required to be submitted for consideration:

- A current quality control plan (QCP) or standard operating procedure (SOP) or statement of work (SOW), from the primary contractor (contractor which is placing this offer), in accordance with the E1 quality text and

Attachment IV - Special Notes, paragraph 11.

- Any letters of intent and/or requests for exceptions and deviations in accordance with quality text E35, M72 and Attachment IV - Special Notes, paragraph(s) 5 and 23.

- All other documents and attachments not covered here and which may be requested in the special notes or in

(4) Sub Factor 4:

Alternative Sources of Supply, Distribution Routes and Storage: The Government will evaluate the Offeror’s ability to provide alternative sources of supply in the event of geo-political shifts, political uprisings, poor weather and road conditions, refinery constraints or any other contingency that would prevent delivery from the primary source of supply.

In order to conduct proper evaluations for alternate sources of supply, distribution and storage, the offeror will read and understand the requirements for this sub factor listed in the special notes, and all other line item notes and contract provisions contained in this solicitation and submit separate attachments and provide details/narrative in the body of their written offer. The following items are required to be submitted for consideration:

- A detailed description and a map or chart of the offeror’s alternate supply chain, to include distribution and storage, from vendor source to final delivery in accordance with Attachment IV - Special Notes, paragraph 12.

- All Source letters of commitments in accordance with the special notes, paragraph(s) 13.

- Certificates of Quality and/or Analysis (COQ/COA), for all products listed in the attached schedule of this solicitation, in accordance with Attachment IV - Special Notes paragraph(s) 14 and 15.

- Any letters of intent and/or requests for exceptions and deviations in accordance with quality text E35, M72 and Attachment IV - Special Notes, paragraph(s) 15 and 23.

- All other documents and attachments not covered here and which may be requested in the special notes or in

(II) Price;

(II) Past performance (see FAR 15.304);

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-3 — OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (NOV 17)

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—

“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.

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and http://www.sam.gov/portal

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person

(as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50

U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

Part 121 and size standards in this solicitation.

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

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the

NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference

(see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through

(u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

https://www.acquisition.gov/

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the

WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that…