Final_-_1.2_Centcom_OSP_(SPE607-19-R-0201).pdf

OFFER SUBMISSION

PACKAGE (OSP)

OVERSEAS INTO-PLANE

PURCHASE PROGRAM 1.2C CENTCOM

SOLICITATION SPE607-19-R-0201

PERIOD OF PERFORMANCE:

01 OCT 2019 THROUGH 30 SEP 2022

INSTRUCTIONS:

CLOSING DATE: 10 May 2019, 1:00 PM, EASTERN STANDARD TIME (EST), FORT BELVOIR, VA.

Late Offers: Any offers received after 10 May 2019, 1:00 PM, EST, FORT BELVOIR, VA will be considered “LATE” and will be processed in accordance with FAR 15.208 – Submission, Modification, Revision, and Withdrawal of Proposals. Offerors should submit all offers well ahead of the closing date and time.

1. The original copy of this Offer Submission Package must be returned to this office as your offer.

NOTE:

X _ Standard Form 1449 (SF1449) - Sign and date in ink or digitally in Blocks 30a, b and c. Include your company name, address, telephone, and fax, DUNNS and CAGE numbers in Block 17a.

X_ Offer Price Breakdown Sheet must be expressed in U.S. Dollars per gallon and to the 6th decimal place for Product being solicited. (Jet A-1 without FSII, Jet A-1 with FSII, Jet Petroleum JP8, Jet Petroleum JP8 Into- Truck, and Turbine Fuel Aviation TS1)

X_ Schedule B-0001 B15.01 – Fillable Schedules I through VIII

2. Offerors MUST update or complete registration in the System for Award Management (SAM) database. The Web- Site to obtain details and instructions is: www.sam.gov. To be eligible for installation access, Contractors and subcontractors at all tiers are required to register for installation access in the Joint Contingency System(JCCS) and are responsible for keeping the information in this system updated at all times.

By submission of this package, you agree to the terms and conditions of the entire Solicitation with Amendments, unless clearly stated herein.

http://www.sam.gov/

SPE607-19-R-0201

OSP 2 of 37

INSTRUCTIONS TO OFFERORS CONTINUED

(PLEASE READ THE FOLLOWING CAREFULLY)

3. Evaluation Criteria:

Offers will be evaluated based on a consideration of technical acceptability, price, and a determination of responsibility. The Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2 will be used to evaluate offers. The evaluation factors that establish the requirements of acceptability shall be price and technical acceptability.

4. Any vendor submitting offers for multiple locations MUST complete one OSP per location being offered.

5. Offerors must provide a Supplier Invoice with the Price Paid for fuel or government posting per location effective on the BASE REFERENCE DATE of 01 OCT 2018. (Invoice Date: 01 OCT 2018 – 5 OCT 2018)

6. Certificate of Analysis (COA) or Certificate of Quality (COQ) from the Supplier:

The offeror shall submit a Certificate of Analysis or Certificate of Quality verifying that the fuel delivered to the offeror meets MIL STD 1548H WITH CHANGE 1 standards. Annotate on the COA the item number/ICAO code. If the offeror FAILS to submit a Certificate of Analysis or Certificate of Quality and Commitment Letter with its proposal, the offer will be considered technically unacceptable. In addition, if the offeror is not the refueler, the offeror is required to submit a Commitment Letter from the Fixed Base Operator with its initial proposal.

7. For offers submitted via e-mail (DLA-Energy-PH.Requirements@dla.mil):

Please ensure that your offer is signed per FAR 52.212-1. The maximum file size is 10 MB (IAW L2.11-4).

8. For offers submitted via facsimile (703-767-8506):

Please limit your facsimile transmission to the contents of this Offer Submission Package. Please submit all offers well ahead of the closing time to ensure timely receipt of all required documentation.

9. EXCEPTIONS:

Exceptions to the specifications, terms, and conditions of this solicitation may be considered pursuant to the Provision M0004 – M72 EVALUATION OF OFFERS EXCEPTIONS /DEVIATIONS) (DLA ENERGY APR 1997). Clearly indicate any exceptions and the extent to which your offer differs from the solicitation requirements in a separate letter with company letterhead signed by an authorized representative of the company attached with your offer.

10. Offeror must agree to honor prices indicated in their offer for 180 calendar days from the date specified for receipt of offers.

11. In accordance with DoD Instruction 5100.64, Foreign Tax Relief Program, DoD is not authorized to pay foreign taxes.

If your offer includes taxes, please be aware your offer may not be considered for an award. Offerors shall not include in their prices any taxes for which the United States, United States Armed Forces, or United States Department of Defense is exempt. The winning offerors will be responsible for taking the appropriate steps to claim any such exemption.

12. Primary Solicitation Point of Contact: For clarification, explanation, and additional information, please contact Ms. Kathy Hill at 571-767-3662 or Kathy.Hill@dla.mil.

mailto:DLA-Energy-PH.Requirements@dla.mil

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0076603799

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

a. NAME

7. FOR SOLICITATION

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE607-19-R-0201

b. TELEPHONE NUMBER (No Collect calls)

6. SOLICITATION ISSUE

DATE

2019 MAR 29

8. OFFER DUE DATE/

LOCAL TIME

2019 MAY 10

INFORMATION CALL: Kathy Hill Phone: 571-767-3662

01:00 PM EST.

9. ISSUED BY CODE SPE607 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DLA ENERGY

INTOPLANE

8725 JOHN J. KINGMAN ROAD

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

FORT BELVOIR VA 22060

USA SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 324110

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

DO-C9

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SCHEDULE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

1.2C CENTCOM CONSISTS OF THE FOLLOWING:

Bahrain, Kuwait, Pakistan, Qatar, Egypt, Iraq, Jordan, Lebanon, Oman, Saudi Arabia, Tajikistan, United Arab Emirates (UAE)

PERIOD OF PERFORMANCE: 01 OCT 2019 - 30 SEP 2022

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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OFFERORS ARE REQUIRED TO COMPLETE ALL REPRESENTATIONS AND CERTIFICATIONS AS

REQUIRED AND AS APPLICABLE. THE CLOSING DATE AND TIME IS 10 May 2019, 1:00 P.M., EASTERN

STANDARD TIME, FORT BELVOIR, VA.

1. STANDARD FORM 1449 (SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS)

2. OFFEROR PRICE BREAKDOWN SHEETS: Jet A-1 w/o FSII, Jet A-1 w/FSII, Jet Petroleum JP8, Jet Petroleum JP8 (Into-truck) and TS1

3. SUPPLIER INVOICE WITH THE PRICE YOU PAID FOR FUEL, PER LOCATION, - INVOICE DATED:

01 OCT 2018 – 05 OCT 2018

DLA ENERGY CONTRACT TEXTS:

4. B-0001 - B15.01, SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DLA ENERGY

(DEC 2018)

5. B-0002 - B19.38 ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DLA ENERGY DEC 2018)

6. G-0002 – G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – RESERVE WIRE TRANSFER

SYSTEM (DLA ENERGY JAN 2012)

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

8. FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

9. FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

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

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

12. FAR 52.204-20 PREDECESSOR OF OFFEROR (JULY 2016)

13. FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

14. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

15. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

16. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

17. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (OCT 2018)

18. FAR 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR2015)

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

20. DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

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21. DFARS 252.225-7020 TRADE AGREEMENTS CERTIFICATE—BASIC (NOV 2014)

22. DFARS 252.225-7050 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (JAN 2018)

23. DFARS 252.229-7001 TAX RELIEF—BASIC

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

25. CENTCOM 5152.225-5916 MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS (OCT 2015)

26. DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)

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

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

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

30. K-0004 K150 WIDE AREA WORKFLOW(WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

31. L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

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OFFER PRICE BREAKDOWN SHEET

INTO-PLANE/INTO-TRUCK Jet A-1 w/o FSII, Jet A-1 w/ FSII, Jet Petroleum JP8, Jet Petroleum JP8 (Into-truck), TS1

AIRPORT NAME AND ICAO/FAA CODE:

(Identify the airport you are offering on and its ICAO code)

REFERENCE DATE: 01 OCTOBER 2018

INTO-PLANE

PUBLICATION PRICE (OPIS/PLATTS) FOR THE ABOVE REFERENCE DATE: $

PRICE YOU PAID FOR YOUR FUEL ON ABOVE REFERENCE DATE: $ A.

FREIGHT (state if “INCLUDED” in price or if “NONE”) $ B.

AIRPORT FLOWAGE FEE (if applicable): $ C.

STATE/LOCAL TAXES & FEES - Specify tax/fee type (e.g. state & local taxes, environmental and oil spill taxes, inspection fees) & amount per Contract Provisions I28.02-2 and M57:

$ d.1

$ d.2

$ d.3

$ d.4

TOTAL STATE/LOCAL TAXES & FEES (Must equal d.1 through d.4): $ D.

INTO-PLANE / INTO-TRUCK FEE: $ E.

TOTAL UNIT PRICE OFFERED W/O FSII

Jet A-1 w/o FSII, Jet Petroleum JP8 and Jet Petroleum JP8 (Into Truck): (sum of A thru E) $ F.

FSII: (If none, state “None.”) $ G.

TOTAL UNIT PRICE OFFERED W/FSII

Jet A-1 w/ FSII

(sum of F and G) $ H.

OPIS:

PLATTS:

NOTE: Prices will change on [ ] Monday [ ] Tuesday [ ] Weekly [ ] Other

PUBLICATION SELECTED FOR REFERENCE PRICE ADJUSTMENT (OPIS / PLATTS &

OSP 7 of 37

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST

B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO-PLANE) (DLA ENERGY DEC 2018)

(a) (1) The contract quantities shown below are best estimates only of the Government's requirements for the contract period. With respect to the products and/or services awarded at each individual airport location, the Contractor is obligated to deliver into-plane the supplies and perform the services required at such location, and the Government is obligated to order, accept, and pay for such supplies and/or services required at such location even though the quantities actually required during the contract period may be greater or less than the estimated quantities, except as provided for in the DELIVERY-ORDER LIMITATIONS contract provision.

(2) The estimated quantities shown in the Schedule do not include quantities that may be required by the Government for military exercises that are conducted at the specific airport location. The Government reserves the right to support military/federal exercises by using Government-furnished fuel, equipment, and personnel.

(3) In addition, if a Government facility is located at the airport, the Government shall only order from the Contractor the Government's fuel requirements that are in excess of its in-house capabilities. In such instances, the estimated quantities specified in the Schedule are estimates of requirements in excess of the quantities that the Government may itself furnish within its own capabilities.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period stated in the ORDERING (INTO-PLANE) contract provision.

(1) The quantities of supplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities DLA Energy described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(2) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering provisions herein. Subject to any limitations in the order limitations provisions herein or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the ordering provisions. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. However, the total quantity ordered and required to be delivered by the specified method of delivery during the ordering period may be greater than or less than these total estimated quantities.

(3) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(4) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the end of the stated delivery period.

(c) Unless otherwise specified in the Schedule or the Notes/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) specifically solicited. Offerors must have authorization from the appropriate airport authorities for access to the airport property where the refueling will be performed. Delivery shall encompass all delivery methods available at the airport (hydrant, truck, etc.). Exceptions to this must be stated prior to award.

(d) Prices indicated hereunder are subject to the ECONOMIC PRICE ADJUSTMENT – MARKET PRICE (DOMESTIC INTO-PLANE) contract provision for the contract period.

(e) For Electronic Point of Sale (POS) information, refer to the DELIVERY AND INVOICING REQUIREMENTS (INTO-PLANE) contract provision.

(f) Any prime contractor using another source as a refueler MUST submit a Commitment Letter from that Fixed Base Operator (FBO) indicating their support as the prime contractor’s refueling operator.

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I. SCHEDULE

AIRPORT LOCATION IDENTIFIER: AIRPORT LOCATION:

PRODUCT GRADE IN ORDER OF

PREFERENCE (IF ALTERNATE EST QUANTITY

PRODUCT IS OFFERED, REFER TO (GALLONS)

SUBITEM NO. M57 AND MIL-STD-1548) (if applicable) PER GALLON UNIT PRICE

II. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph(g).

A. NAME ADDRESS TELEPHONE NUMBER

B. SOURCE OF PRODUCTS OFFERED:

NAME ADDRESS

C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address, and phone number if different from II.A.)

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III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND

INVOICING REQUIREMENTS (INTO-PLANE) contract provision.)

[ ] 24 hours per day, 7 days per week (preferred)

OR

[ ] Other (Specify hours/call-out capability, and phone number for call-outs):

Hours of operation:

Phone/Pager/Cellular Number (pleaseidentify):

Answering service and contactnumber:

Is advance notice required for after-hours delivery? [ ] Yes [ ] No If yes, how far in advance (days, hours, minutes, etc.)?

Will there be a Call-Out Fee for after-hours delivery? [ ] Yes* [ ] No

*If yes, specify the amount and how charged (by occurrence or by hour). Occurrence is defined as a dispatch to refuel, regardless of number of aircraft serviced).

$ [ ] per occurrence OR [ ] per hour

NOTE: Call-Out Fees and hours are not evaluated items; however, in the event that 24-hour service is not available and the Government was unable to provide advance notification of after-hour delivery requirements, into-plane fuel may be procured from another source.

IV. AIRPORT FEES AND/OR CHARGES APPLICABLE TO U.S. GOVERNMENT AND INCLUDED

IN THE SECTION I. UNIT PRICE ABOVE. (See the AIRPORT FEES AND/OR CHARGES contract provision.)

NAME AND ADDRESS IN FULL OF AUTHORITY AMOUNT OF FEES AND/OR CHARGES PER

GALLON

TO WHOM FEE AND/OR CHARGE IS PAID AND GRADE OF

PRODUCTAPPLICABLE

V. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE SECTION I. UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE

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VI. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE SECTION I UNIT PRICE ABOVE.

SUBITEM NO. PRODUCT TYPE OF CHARGE DUTY TAX

VII. ADDITIONAL INFORMATION.

A. Does your company have world wide web/internet access? [ ] Yes [ ] No NOTE: For those companies with internet access, DLA ENERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DLA ENERGY Home Page at http://www.desc.dla.mil/PublicPages/Business.cfm.

B. Does your company have a web site? [ ] Yes [ ] No If yes, what is the web address?

C. Does your company have email capability? [ ] Yes [ ] No If yes, what is your email address?

D. Is your company registered under the System for Award Management (SAM)? [ ] Yes [ ] No E. What is your company's Dun and Bradstreet number?

F. What is your company’s CAGE code number?

VIII. NOTES/EXCEPTIONS.

1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes are applicable to deliveries to all U.S. Government aircraft (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the Internal Revenue Service (IRS).

2. EMERGENCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (571) 767-8420.

B-0002 B19.38 ECONOMIC PRICE ADJUSTMENT (OVERSEAS INTO-PLANE) (DLA ENERGY DEC 2018)

(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 text; and

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

(b) DEFINITIONS. As used throughout this contract text—

(1) The term award price means the unit price set forth opposite the item in the Schedule.

(2) The term market price means the price or average of prices for the same or similar commodity within a market, which is beyond the control of the Contractor, set forth in the publication(s) listed in the Table in paragraph (j) below, from which the award price is to fluctuate.

(3) The term date of delivery means the date and time product under this contract is delivered into-plane.

(4) The term week means a consecutive seven-day period beginning on a Monday.

(5) The term published means issued either in print or electronic format by the service designated to be employed as an escalator, unless otherwise specifically stated. In the event of a conflict between the prices set forth in the print version and those set forth in the electronic version for the same date, the electronic version shall prevail.

(c) ADJUSTMENTS.

(1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract price change modifications or web price changes during the period of performance.

(2) The prices payable hereunder shall be determined by changing the award price by the same number of cents, or fraction thereof, that the market price increases or decreases, as measured in U.S. dollars, per like unit of measure. The frequency of adjustments will be noted in paragraph (j) for each applicable item.

http://www.desc.dla.mil/PublicPages/Business.cfm

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(3) An increase or decrease in the market price shall apply, provided the notification requirements in paragraph (4) below have been met, only to deliveries made on or after the effective date of the price change as stated in the publication.

(4) NOTIFICATION. If required in paragraph (j), the Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price within 15 days from the date thereof. Increases received after the 15-day notification period shall be effective on the date they are received by the Contracting Officer.

Decreases shall be effective the date of the decrease in the price notification to the Contracting Officer and prices shall be adjusted retroactively.

(i) INCREASES. Any increase in the unit price as a result of an increase in the market 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 same product. No modification incorporating an increase in a contract unit price shall be executed pursuant to this contract text until the increase has been verified by the Contracting Officer.

(ii) DECREASES. Price decreases shall apply to deliveries made on or after the effective date of such decrease. If the Contractor fails to notify the Contracting Officer of any decrease in the market price within the allotted 15-day period, and an overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer, 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 paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(5) DAY OF PUBLICATION. Will be specified for each item in paragraph (j).

(6) PRICE ADJUSTMENT NOTIFICATIONS/MODIFICATIONS. The Contracting Officer will issue a contract price change modification or web price adjustment notification to reflect any change pursuant to this contract text. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this contract text until the increase in the applicable published market price has been verified by the Contracting Officer. Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at http://www.dla.mil/Energy/ under the heading Doing Business with Energy and then Prices to Web. The contractor shall notify the contracting officer of any discrepancy in the calculation of the price adjustment for resolution prior to submitting an invoice. The contractor shall be liable to the Government for any administrative fee charged by the AIR Card® contractor to reprocess a transaction to correct any overpayment or underpayment resulting from the contractor’s failure to verify the calculation of the price adjustment prior to invoicing.

(7) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment contract texts and/or provisions shall not exceed _550_ percent of the award price in any applicable program year (whether a single year or a multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract text 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 sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) 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, until the Contracting Officer issues either a contract modification to raise the ceiling or written notification that the ceiling will not be raised.

(8) REVISION OF MARKET PRICE INDICATOR. In the event—

(i) Any applicable market price is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially failed to reflect market conditions— The parties shall agree upon an appropriate and comparable substitute for determining the price adjustments 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 paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(9) CORRECTIONS. 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 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 http://www.dla.mil/Energy/ http://www.platts.com/

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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.

(d) FAILURE TO DELIVER. Notwithstanding any other conditions of this contract text, 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 paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(e) IMPORTANT: All of the proposed market prices listed in the Table below must meet the provisions set forth under the EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT contract text.

(f) CONVERSION FACTORS. If this contract text requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS text, apply unless otherwise specified in the Schedule. For quantity conversion factors not listed in the CONVERSION FACTORS text, the Contractor should contact the DLA Energy Contracting Officer.

(g) 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 conditions of this contract text.

(h) 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 text.

(i) All market prices must be stated in U.S. dollars per U.S. gallon. Conversion to U.S. gallons is in accordance with the CONVERSION FACTORS contract text.

(j) TABLE.

I II III IV V VI

Heading under Method of Market price which reference delivery as of price is Location where applicable 1 Oct 2018__

Item No. Name of published and reference price to the (listed items) publication name of product is applicable market price (excludes all taxes)

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G-0002 G9.07-5 ELECTRONIC TRANSFER OF FUNDS PAYMENTS – FEDERAL RESERVE WIRE TRANSFER SYSTEM

(DLA ENERGY JAN 2012)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be capable of receiving Federal wire transactions via either a SWIFT Code or an IBAN.

(b) Any change by the Contractor in the designation of the bank account to receive electronic transfer of funds in accordance with this contract text must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(c) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

COMPLETE THE FOLLOWING INFORMATION (TYPE WRITTEN OR CLEAR PRINTING)

RECIPIENT’S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

ORIGINATOR ABA: ____044036205____ (DLA ENERGY fill-in)

CONTRACT NUMBER: ______________________________________________ (DLA ENERGY fill-in)

RECIPIENT’S CAGE CODE: __________________

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT’S DUNS NUMBER: ______________________________________

BENEFICIARY’S BANK NAME: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

BENEFICIARY’S BANK ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

BENEFICIARY’S BANK ACCOUNT NUMBER: ______________________________________

BENEFICIARY’S BANK SWIFT NUMBER: | | | | | | | | | | | |

(EITHER 8 OR 11 CHARACTERS ONLY)

IBAN NUMBER: ______________________________________

BENEFICIARY’S BANK SORT CODE: | | | | | | | (FOR BANKS IN THE UNITED KINGDOM ONLY)

(6 CHARACTERS ONLY)

(d) CONTRACTOR’S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION.

NAME | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE _______________________________________________________

(e) Notwithstanding any other provision of the contract, the requirements of this contract text shall control.

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FAR 52.203-2 – CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (Apr 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to --

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law;

and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)

(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

FAR 52.203-11 – CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

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FAR 52.203-18 – PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

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

“Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

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

(a) Definition. As used in this provision—

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

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

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

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

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

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

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

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

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

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

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

(End of Provision)

FAR 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.

“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)

FAR 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

OSP 17 of 37

(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 apredecessor 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)

FAR 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.

(End of provision)

FAR 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.

OSP 18 of 37

(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.