EXHIBIT 2

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 1 of 14
Solicitation: SP0600-06-R-0218 Page 1 of2

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: Solicitation: SP0600-06-R-0218

Number

Title

Issue Date

Closing Date

Status

SP0600-06-R-0218

O'sea Bunkers

07/07/2006

08/03/2006

Open

Documents

Amendments

AmendmentJS. (54K)

The purpose of this amendment is to delete the following Items in their entirety, from the

solicitation: 709-61 TEMA, GHANA, WEST AFRICA MGO (PIPE) & 709-611 TEMA, GHANA,

WEST AFRICA MGO (BARGE).

AmendmenLlZ (93K)

Amendm_eniJj6 (69K)

Amend_menl 15 (63K)

Amendment 14 (64K)

Amendment 13 (53 K)

AjTjendrDentJl (42K)

Closing date and time for locations on this amendment only is Thursday, July 5, 2007 at 1 :00 PM

Eastern.

Amendment 11 (65K)

FOR ITEMS 709-61 AND 709-61 1 ONLY, the closing date and time is extended until 17 May

2007, at 1 :00 Eastern Standard Time.

(75K)

Amendment 9 (40K)

Amendment 8 (108K)

The following lines items have been extended to 15 May 2007, at 1:00 Eastern Standard Time.

Items 754-61, 754-61 A, 754-62

AjmjendjrieDLZ (75K)

For items 228-61, 269-61, 271-61, 506-61, and 510-61 the closing date and time is hereby

ittp://www.desc.dla.mil/DCM/DCMSolic.asp?SolicID=1095 9/17/2007

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 2 of 14
Solicitation: SP0600-06-R-0218

extended to Monday, May 7, 2007,1:00 PM Eastern Standard Time,

Amendment 6 (51K)

For items on this amendment only the closing date and time is hereby extended to Monday May

7, 2007,1:00 PM Eastern.

Amendment 5 (56K)

AmendmenM (58K)

The closing time and date of solicitation SP600-06-R-0218 is revised to November 16, 2006,

12:00 (NOON) Eastern Standard Time.

FACSIMILE OFFERS ARE PERMITTED. DESC facsimile number is 703- 767-8506. ALL

OFFERS MUST BE SIGNED. E-MAIL SUBMISSIONS ARE NOW ACCEPTABLE.

Amendment 3 (333K)

Amendment 2 (29K)

This amendment is to extend the closing date and time for receipt of offers for all line items under

Overseas Bunkers Solicitation SP0600-06-R-0218 through 12:00 PM (NOON) EST August 23,

2006.

Ameodment j (jngK)

Attachments

Qffer_Submjssjon Package (1843K)

Attachment A - Locations Solicited (733K)

AttacJimejTtJ^iBase Reference Pilces/Pubiications (219K)

AltacJiment C - itemsJistedJbyicountry (46K)

Solicitation

Solicitation (551 SK)

Page 2 of2

Home Site Index EFOIA Section 508 Privacy Act | Contact DESC

ittp://www.desc.dla.mil/DCM/DCMSolic.asp?SolicID=1095 9/17/2007

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 3 of 14
INFORMATION TO OFFERORS OR QUOTERS

SECTION A - COVER SHEET

Form Approved

OMB No. 9000-0002

Expires Oct 31, 2004

, ,

needed, and completing and reviewing me collection of information, send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden lo

Department of Defense, Washington Headquarters Services, Directorate for information Operations and Reports (9000-0002), 1215 Jefferson Davis Highway, Suite 1204. Mngton. VA 22202-4302 Respondents should be aware

that notwithstanding any other provision of law. no pereon will be subject to any penally for falling to compty with a collection of Information If It does not display a currently vafd OMB control number

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE ADDRESS IN BLOCK 4 BELOW.

1. SOLICITATION NUMBER

SP0600-06-R-0218

2. PC one;

D a. INVITATION FOR BID (IFB)

LEI b. REQUEST FOR PROPOSAL (RFP)

D c. REQUEST FOR QUOTATION (RFQ)

3. DATE/TIME RESPONSE DUE

3 AUGUST 2006 @12:00 P.M.

LOCAL FT. BELVOIR TIME

INSTRUCTIONS

NOTE: The provision entitled "Required Central Contractor Registration" applies to most solicitations.

1. If you are not submitting a response, complete the information in Blocks 9 through 11 and return to the issuing office in Block 4 unless a different return address is indicated in Block 7.

2. Offerors or quoters must include full, accurate, and complete information in their responses as required by this solicitation (including attachments). "Fill-ins" are provided on Standard Form 1 B, Standard

Form 33, and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S. C. 1001.

3. Offerors or quoters must plainly mark their responses with the Solicitation Number and the date and local time for bid opening or receipt of proposals that is in the solicitation document.

4. Information regarding the timeliness of response is addressed in the provision of this solicitation entitled either 'Late Submissions, Modifications, and Withdrawals of Bids,' or "Instructions to Offerors -

Competitive Acquisition.'

4. ISSUING OFFICE (Complete mailing address,

including ZIP Code)

Attn: DESC-PIB

Defense Energy Support Center

8725 John J. Kingman Road, Suite 4950

Fort Belvoir, Virginia 22060

5. ITEMS TO BE PURCHASED (Brief description)

Marine Gas Oil NSN: 9140-01-417-6843 1,294,210 MT

Fuel Oil, Intermediate 180 NSN: 9140-01-417-6645 161,860 MT

Fuel Oil, Intermediate 380 NSN: 9140-01-417-6632 223,184 MT

Jet Fuel, Type A NSN: 9130-00-359-2026 17,045 MT

6. PROCUREMENT INFORMATION (X and complete as applicable.)

E

D

D

D

a. THIS PROCUREMENT IS UNRESTRICTED.

b. THIS PROCUREMENT IS % SET-ASIDE FOR SMALL BUSINESS. THE APPLICABLE NAICS CODE IS:

o. THIS PROCUREMENT IS % SET-ASIDE FOR HUB ZONE CONCERNS. THE APPLICABLE NAICS CODE IS:

d. THIS PROCUREMENT IS RESTRICTED TO FIRMS ELIGIBLE UNDER SECTION 8(a) OF THE SMALL BUSINESS ACT.

7. ADDITIONAL INFORMATION:

THE NOTES ON THIS DD FORM 1707 PROVIDE INFORMATION THAT WARRANT YOUR SPECIAL ATTENTION PRIOR

TO PREPARATION OF YOUR PROPOSAL.

8. OF CONTACT FOR INFORMATION

a. NAMEasf, First, Middle Initial)

Hawes, Kenneth

C. TELEPHONE NUMBER

(Include Area Code and Extension)

703-767-8473

d. E-MAIL ADDRESS

Kenneth.Hawes@dla.mil

b. ADDRESS (Include ZIP Code)

Defense Energy Support Center

Attn: DESC-PIB

8725 John J. Kingman Road, Suite 4950

Fort Belvoir, VA 22060-6222

9. REASONS FOR NO RESPONSE (X all that apply)

UaTCAWofClDMFLYWtHSPECTFrCATlONS

!H b. UNABLE TO IDENTIFY THE ITEMS(S)

D c. CANNOT MEET DELIVERY REQUIREMENT

D e. OTHER

10. MAILING LIST INFORMATION (X one)

WE D DO D DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE INVOLVED.

11 a. COMPANY NAME b. ADDRESS

.C-..ACTIONOFFJCER

(1 j TYPED OR PRINTED NAME (Last, First, Middle

Initial)

(2) TITLE

(3) SIGNATURE (4) DATE SIGNED (YYYYMMDD)

DD FORM 1707, FEB 2002 PREVIOUS EDITION IS OBSOLETE.

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 4 of 14
SP0600-06-R-0218

DD 1707 (CONTINUED)

Page 2 of3

NOTICE: THIS SOLICITATION REQUIRES OFFERORS TO AGREE TO IMPLEMENT THE WEB

BASED ORDERING, REPORT AND INVOICE SYSTEM CALLED SEACARD. SEE PARAGRAPH

S FOR CLAUSE CHANGES.

A. Please retain this document for reference. This is the MASTER SOLICITATION SP0600-06-R-0218.

Please refer to that document for all clauses referenced below.

B. CLOSING DATE: The scheduled date for receipt of all offers is August 3,2006, 12:00 P.M. Local (Fort

Belvoir, VA) Time. FACSIMILE OFFERS ARE PERMITTED, DESC facsimile number is 703-767-8506.

ALL OFFERS MUST BE SIGNED. NO EMAIL SUBMISSIONS ARE ACCEPTABLE.

C. OFFER SUBMISSION: YOU ARE HEREBY REQUESTED TO SUBMIT YOUR ORIGINAL, SIGNED

PROPOSAL AND OFFEROR SUBMISSION PACKAGE BEFORE THE CLOSING DATE OF THIS

SOLICITATION. THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY PROPOSAL

THAT IS STILL INCOMPLETE AFTER 10 DAYS OF THE OPENING DATE. SEE CLAUSE L 2.11-3

FOR DETAILS.

D. ORDERING/DELIVERY PERIOD: The Ordering Period for contracts awarded under this solicitation is

from 1 October 2006 through 31 September 2011. Quantities solicited are for a 5 year period. The

Delivery Period is from 1 October 2006 through 31 October 2011.

E. DISCUSSIONS: THE GOVERNMENT RESERVES THE RIGHT TO MAKE AWARDS WITHOUT

NEGOTIATIONS. THEREFORE, OFFERORS ARE ADVISED TO SUBMIT THEIR BEST PRICES

WITH THEIR INITIAL OFFERS. THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT

NEGOTIATIONS IF THE CONTRACTING OFFICER DETERMINES IT NECESSARY.

SEE CLAUSE L2.05-4.

F. CONTRACT TYPE: Contracts awarded as a result of this solicitation will be "REQUIREMENTS - TYPE

FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT" CONTRACT. See clause 184.

G. COMPETITIVE RANGE: Any offer determined to be outside the "Competitive Range" for this

procurement will not be included in negotiations. Each initial offer should be submitted in good

faith with the most favorable terms, from a price and technical standpoint. Please see clause L2.05-4.

H. ECONOMIC PRICE ADJUSTMENT & BASE REFERENCE: Unless otherwise noted, the Base

Reference Date for this solicitation is May 23,2006. The escalator Base Reference Publications are

identified under clause B19.19-1, ECONOMIC PRICE ADJUSTMENT. These references have been

selected by DESC. Contract prices will change DAILY based upon changes in the reference publications:

price changes are not based upon product cost. Please review this clause carefully. Any proposed

exception to this clause must be submitted with the initial offer. Additionally, please review clause M19.08

for Evaluation of Uncommon Escalators if an exception is taken to the suggested escalator. Lastly, DESC

downloads the Electronic Versions of Platts Bunkerwire. Occasionally a slight discrepancy may be noted

between the prices on the Electronic Version and the printed (hard copy) version. In such an event, the

prices posted in the Electronic Version shall prevail.

I. B1.04-1 SUPPLIES TO BE FURNISHED (BUNKERS) TERMINAL ADDRESSES: The complete

terminal addresses from which product will be supplied, along with a point of contact and telephone

number, are required for each line item in your offer.

J. FREE TIME AND DETENTION RATES: Please review and complete clause F3.01 for all of the line items

being offered on requiring delivery by TANK TRUCK or TRUCK and TRAILER and TANK WAGON.

For items requiring BARGE, please review and complete clause F 16.03.

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 5 of 14
SP0600-06-R-0218

DD 1707 (CONTINUED)

Page 3 of3

K. AMENDMENTS: Bidders must acknowledge receipt of any and all amendments to this solicitation by

signing and returning the amendment with the proposal.

. L. BIDDER CODE, CAGE CODE, AND DUNS NUMBER: Please remember to furnish Bidder Code,

CAGE Code and DUNS Number. Along with your company's phone and fax numbers in block I7a of

the Standard Form 1449 (SF1449). If you have a current Government contract and do not know what

your CAGE Code is, please contact Ms. Carlyn Johnson at 703-767-7367. If you have not been assigned

a CAGE Code, insert the word "None" in the block.

M. TAXES: Reference Clauses 128.21,129, and K86. The offerer is responsible for knowing the applicable

taxes to include in the offered price(s).

N. NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD

WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR THE RECEIPT OF CONTRACTS WITH

GOVERNMENT AGENCIES OR IN RECEIPT OF A PROPOSED DEBARMENT FROM ANY

GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE GOVERNMENT.

O. EMERGENCY POINT OF CONTACT: DESC contact point/telephone number for emergency situations

during after-duty hours is: DESC OPERATIONS CENTER Telephone Number: (703) 767-8420.

P. PRIMARY SOLICITATION CONTACT POINT: For clarification, explanation and additional information

please contact: Kenneth Hawes at (703) 767 - 8473.

Q. CENTRAL CONTRACTOR REGISTRATION (CCR): Contractors must be registered in the Department

of Defense (DoD) CCR database prior to the award of a contract for solicitations issued after May 31, 1998.

The CCR is a central repository of trading partner information about firms qualified to do business with the

Federal Government. Contractors register on a one-time basis and confirm on an annual basis that their

CCR registration is complete and accurate. Contractors can register one of three ways:

1. Through the internet/WWW at: http://www.ccr.gov

2. Through a Value Added Network provider by way of an electronic transaction know as an "838

Trading Partner Profile."

3. By mail or facsimile by contacting the CCR Registration Assistance Center at 1-888-277-2423 for

an application or by downloading the form from: http://www.fecrc.com/whatsnew/ccrregist.html

4. This does not apply to foreign contractors. However, DESC encourages all offerers to register in

the CCR and to participate in Electronic Funds Transfer (EFT), as this will streamline the payment

process and result in faster payment.

R. NOTICE TO ALL OFFERORS: Due to potential threat conditions which may prevail at various ports /

locations at various times during the contract period, strict security measures may be in place at time of

delivery. These security procedures may include, but are not limited to: searches of delivery vehicle /

vessel; identification check of delivery personnel; security swims under / around delivery and receiving

vessels. In addition, Contractors may be required to be vetted; this consists of background checks and the

ability to verify they are who they say they are.

S. CLAUSE CHANGES: B1.04-1 SUPPLIES TO BE FURNISHED (BUNKERS) TERMINAL

SUPPLIER'S ADDRESSES: The complete terminal addresses, supplier's source from which the product

will be supplied, along with a point of contact and telephone number, are required for each line item in your

offer.

T. SEACARD: All potential contractors will be required to participate in the SEACARD Program.

Contractors must be able to receive orders, complete transaction data and invoice for contracts via the

internet.

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 6 of 14
SP0600-06-R-0218

DD 1707 (CONTINUED)

Page 4 of3

U. Alternate delivery methods: If a requested delivery method is not available in a specific port/contract line

item; contractors are requested to propose an alternate delivery method.

V. All Bunker deliveries must meet MARPOL ANNEX VI requirements.

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 7 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218 (1.3B)

Page i of iv

TABLE OF CONTENTS

FEDERAL ACQUISITION CLAUSES FOR COMMERCIAL ITEMS

CLAUSE # TITLE Page #

Bl.04-1 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DESC APR 2003) 2

11.03-5 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 8

(BUNKERS) (DESC DEC JAN 2006)

11.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES 10

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (FEB 2006)

11.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES 13

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (SEP 2005)

Kl.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- 14

COMMERCIAL ITEMS (ALTS I/II) (MAR 2005/APR 2002/OCT 2000)

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- 22

COMMERCIAL ITEMS (JUN 2005)

ADDENDUM 1

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC MAY 1994)

K15 RELEASE OF UNIT PRICES (DESC MAR 2004)

K33.01 AUTHORIZED NEGOTIATORS (DESC JAN 1998)

K45.03 FACSIMILE INVOICING (BUNKERS) (DESC AUG 1996)

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF

A TERRORIST COUNTRY (MAR 1998)

K86 FOREIGN TAXES (DESC JUN 1987)

K94 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

23

24

24

24

24

25

25

26

L2.05-4 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (BUNKERS) (DESC JAN 2006) 27

L2.05-9 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (JAN 2004) 30

L2.10 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 32

L2.10-1 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 32

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 8 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218 (1.3B)

Page ii of iv

CLAUSE # TITLE

L2.11-3 FACSIMILE PROPOSALS - COMMERCIAL ITEMS (DESC NOV 1999)

L5.01-1 AGENCY PROTESTS (APR 2006) - DLAD

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION

(JUN 2001)-DLAD

L54 SITE VISIT (DESC OCT 1992)

M19.08 EVALUATION (SHIPS' BUNKERS) (DESC AUG 2003)

M55 CONVERSION FACTORS (DESC APR 1998)

M72 EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DESC APR 1997)

Page#

32

33

33

33

34

35

36

ADDENDUM 2

B19.19-1 ECONOMIC PRICE ADJUSTMENT - MARKET PRICE INDICATORS (SHIPS' BUNKERS) 37

(DESC JUN 2005)

B19.20 DAILY ECONOMIC PRICE ADJUSTMENT - MARKET PRICE INDICATORS (SHIPS' 39

BUNKERS) (DESC APR 2006)

B19.27-2 ECONOMIC PRICE ADJUSTMENT - ESTABLISHED CATALOG PRICE OR 41

MARKET PRICE - OTHER THAN PUBLICATIONS ( SHIPS' BUNKERS) (DESC APR 2006)

Cl SPECIFICATIONS (DESC JAN 1997) 43

C3 SPECIFICATIONS/EXCEPTIONS (BUNKERS) (DESC JAN 2006) 43

C16.23-2 COMMERCIAL MARINE GAS OIL MINIMUM SPECIFICATION 44

REQUIREMENTS (DESC MAY 2002)

C36 FUEL OIL, INTERMEDIATE, GRADES RME-180 (IFO 180) AND RMG-380 (IFO 380) 45

(DESC JAN 2006)

C16.01 TURBINE FUEL, AVIATION (JP4/JP5) (BULK) (DESC AUG 2005) 45

E5.01 INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS' BUNKERS) (DESC MAY 2001) 47

E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC DEC 2005) 49

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 52

Fl.01-2.100 BUNKERING PROVISIONS (DESC MARCH 2006) 53

F3.01.100 TRANSPORT TRUCK, TRUCK AND TRAILER AND/OR TANK WAGON FREE TIME AND 56

DETENTION RATES (BUNKERS) (DESC MAR 2006)

F16.03.100 BARGE UNLOADING CONDITIONS (SHIPS' BUNKERS) (DESCMAR 2006) 56

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 9 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218 (1.3B)

Page iii of iv

CLAUSE # TITLE Page#

F18 F.O.B. DESTINATION (NOV1991) 58

F30.04 ORDERS (CANADIAN FORCES VESSELS) (DESC AUG 2005) 58

F105 VARIATION IN QUANTITY (APR 1984) 58

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DESC DEC 1999) 58

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE 59

EXCHANGE (DESC MAR 2003)

G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL 61

CONTRACTOR REGISTRATION (OCT 2003)

G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL 62

CONTRACTOR REGISTRATION (MAY 1999)

G9.11 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC 63

FUNDS TRANSFER INFORMATION (MAY 1999)

G150.01 SUBMISSION OF INVOICES FOR PAYMENT (SHIPS' BUNKERS) (DESC APR 2006) 64

G153.100 SUBMISSION OF INVOICES FOR NON-FUEL CHARGES-LOCAL PURCHASE 65

PAYMENT (FUEL CARD SERVICES) (DESC JUN 2005)

11.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (OCT 2003/NOV 2003) 67

11.22 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 68

11.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL 68

TRANSACTIONS (SEP 2005)

12.05 CHANGES - FIXED-PRICE (AUG 1987) 71

II 1.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE - COMMERCIAL 71

ITEMS (DESC FEB 1996)

112.02 CHOICE OF LAW (OVERSEAS) (JUN 1997) 72

114.03 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005) 72

114.04 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003) 72

127 GRATUITIES (APR 1984) 73

128.21 TAXES - FOREIGN FIXED-PRICE CONTRACTS (JUN 2003) 73

133 INTEREST (JUN 1996) 74

184 REQUIREMENTS (OCT 1995) 74

190 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) 75

1190.06 MATERIAL SAFETY DATA SHEETS - COMMERCIAL ITEMS (DESC MAR 2000) 75

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 10 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218 (1.3B)

Page iv of iv

CLAUSE # TITLE Pageft

1229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 75

1285.01 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS 75

OUTSIDE THE UNITED STATES (JUN 2005)

LIST OF ATTACHMENTS

(X) DD FORM 1707; INFORMATION TO OFFERORS OR QUOTERS, COVER SHEET

(X) SF FORM 1449: SOLICITATION/CONTRACT/ORDER TO COMMERCIAL ITEMS

(X) OFFER SUBMISSION PACKAGE (OSP)

(X) SCHEDULE OF SUPPLIES ATTACHMENT A

(X) SCHEDULE OF BASE REFERENCE PRICES ATTACHMENT B

(X) LINE ITEMS BY COUNTRY ATTACHMENT C

Case 1:07-cv-05798-CM-HBP Document 21-3 Filed 09/20/2007 Page 11 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 2 of 76

FEDERAL ACQUISITION CLAUSES FOR COMMERCIAL ITEMS

Bl.04-1.100 SUPPLIES TO BE FURNISHED (SHIPS' BUNKERS) (DESC MARCH 2006)

(a) SHIPS' BUNKERS. Unless otherwise stated, the supplies shall be furnished f.o.b. destination as ships' bunkers into

various types and sizes of U.S. military and federal civilian vessels for immediate consumption by the vessel. Unit prices are for product

delivered inclusive of all delivery charges. Depending on the delivery conveyance's size, quantities ordered and delivered by truck or

barge (as contracted) may require utilization of more than one truck or barge or return trips to fulfill the ordered fuel quantity.

(b) REQUIREMENTS. This is a requirements contract for the supplies or services specified and effective for the period

stated in paragraph (i).

(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

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. In addition, if a Government

facility is located near the bunkering location, 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. 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.

(5) The Government agrees to order and the Contractor shall, if ordered, deliver during the contract period, at the unit

prices hereunder, adjusted in accordance with the ECONOMIC PRICE ADJUSTMENT - MARKET PRICE INDICATORS (SHIPS'

BUNKERS) clause or the ECONOMIC PRICE ADJUSTMENT - ESTABLISHED CATALOG MARKET PRICE - OTHER THAN

PUBLICATION (SHIPS' BUNKERS) clause of the contract (if applicable), the total actual requirements for the product(s) at the

location(s) listed.

(6) Domestic requirements for ships' bunkers shall include all of the U.S. (including commonwealths and the District

of Columbia), its territories, and possessions. Overseas requirements are those outside of the above. Domestic and overseas

requirements are classified into separate Purchase Programs (PPs):

Domestic:

PP 3.7A - Pacific, West Coast, Great Lakes, Northeast, and Middle Atlantic States, to include inland river-ways therein.

PP3.7B - Caribbean, Southeast, Southwest, Gulf Coast, and inland river-ways therein.

PP3.7C - State of Alaska.

Overseas:

PP 1.3 A - Europe and Middle East.

PP1.3B - Central/South America, Africa, and Far East/Pacific.

(c) LINE ITEM SUPPLY SCHEDULE.

NATIONAL STOCK NUMBER PRODUCT/PRODUCT CODE SPEC CLAUSE

DOMESTIC

9140-01-313-7776 COMMERCIAL MARINE GAS OIL (MGO)/75 C16.23-2/52.246-9FAQ

9140-01-447-1031 BUNKER FUEL NAVAL DISTILLATE (B76)/30 C16.23-4/52.26-9FBK

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9140-01-456-9443 DIESEL FUEL GRADE 2 (DF2)/34 C16.26-11/52.246-9FAW

9140-01-447-1092 FUEL OIL, BURNER GRADE #6 (FS6)/55 C16.38/52.246-9FCA

9140-01-447-1065 FUEL OIL BURNER GRADE #4 (FS4)/52 C16.38/52.246-9FCA

9140-01-271-5280 INTERMEDIATE FUEL OIL 180/98 C36/52.246-9FFE

9140-01-235-2882 INTERMEDIATE FUEL OIL 380/96 C36/52.246-9FFE

OVERSEAS

9140-01-417-6843 COMMERCIAL MARINE GAS OIL (MGO)/61 C16.23-2/52.246-9FAQ

9140-01-417-9723 FUEL OIL, BURNER GRADE #6 (FS6)/64 C16.38/52.246-9FCA

9140-01-417-6645 INTERMEDIATE FUEL OIL 180/62 C36/52.246-9FFE

9140-01-417-6632 INTERMEDIATE FUEL OIL 380/63 C36/52.246-9FFE

NOTE: Delivery of a single order may require multiple vehicles or trips.

The acronym TK means tanker, B means barge, TT or RTW means transport truck, TTR means truck and trailer, TW means tank

wagon, P means pipeline (ex-pipe/ex-wharf), and MSS means Marine Service Station.

(LENGTH OF PERIOD)

SUPPLY, BUNKER LOCATION, ESTIMATED QUANTITY UNIT PRICE PER

ITEM AND METHOD OF DELIVERY (UNIT OF MEASURE) (UNIT OF MEASURE)

SEE ATTACHMENT A FOR LOCATIONS AND TO FILL IN PRICES.

(d) DELIVERY MODE SPECIFICS. See also the BUNKERING PROVISIONS clause.

(1) PIPELINES. For all line items above that require pipeline (ex-pipe at pier or wharf) as the method of delivery,

the exact location of the Contractor's pipeline shall be listed below. NOTE: Access to the pipeline pier must be able to provide for

vessels at least 90 feet in height. Specific obstacles such as bridges, jetties, locks, etc., must be advised below to include low and

high tide and time. Pumping rates per delivery conveyance shall be as stated in the BUNKERING PROVISIONS clause unless

stated differently in the above Schedule.

SPECIFIC PIPELINE MAXIMUM DRAFT &

ITEM DELIVERY LOCATION MEAN LOW TIDE/TIME OBSTACLES?

(2) TRUCKS. For all items above that require tank wagon, transport truck, and/or truck and trailer as the method of

delivery, offerers must specify the capacity and pumping rate of the truck(s).

ITEM TRUCK CAPACITY TRUCK PUMPING RATE

(3) BARGE. Barge deliveries shall be required at pier-side and/or anchorage (inner and outer harbor). Pumping rates

per delivery conveyance shall be as stated in the BUNKERING PROVISIONS clause unless stated differently in the above Schedule.

(e) TAXES. Unless the contract provides otherwise, the contract price must include all applicable taxes and, for overseas

items, duties. The offerer shall list below the specific name and amount of the taxes included in the price. If, when permitted by the

contract, taxes are not included in the offered price, but are expected to be invoiced separately, the offerer shall list the specific name and

amount of these taxes below. These taxes shall apply when the U.S. Government does not have an exemption. See the FEDERAL,

STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT PRICE clause and/or the TAXES - FOREIGN FIXED-PRICE

CONTRACTS clause. Domestic contracts should include LUST (Long Term Underground Storage Tax) and Federal Oil Spill Liability

Fee.

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ITEM

APPLICABLE TAX NAME

AND AMOUNT P ER UNIT

(X THE APPLICABLE COLUMN)

INCLUDED IN TO BE INVOICED

UNIT PRICE SEPARATELY

NOTE: For domestic distillate items, the current Federal Excise Tax shall apply only if fuel delivered is undyed per mandated

requirements. Please advise, per item, if offered product will have a low or high sulfur content and/or if dyed or undyed, if not

part of the current Schedule. Subject tax will not be included in the offered unit price. Special note for overseas distillate items:

if fuel is dyed per in-country mandated requirements, please so advise with specifics on the dye and its effect on fuel

specifications.

(f) LOCATION OF FACILITY(IES).

(1) Each Fuel Terminal, Transportation Type and Source, and Location of the Testing Facility are required for

possible assignment, at origin, of Government Quality Assurance (inspection) Actions. Primary and alternates are requested.

Government Quality Assurance inspections at origin, if applicable, shall be assigned in (3) below. The following columns shall be

completed by the offerer: The facilities identified below by the offerer shall be used for the life of the contract.

SOURCE OF FUEL/

TERMINAL NAME(S) AND

FULL PHYSICAL ADDRESS(ES)

(For barge and truck deliveries)

TRANSPORTATION SOURCE(S)

NAME(S^ & FULL PHYSICAL ADDRESS(ES)

TESTING FACILITY(IES)

NAME(S) & FULL

PHYSICAL ADDRESS(ES)

NOTE: ALL OFFERS MUST BE ACCOMPANIED BY A "TYPICAL" SPEC SHEET SHOWING ALL

THE TEST RESULTS REQUIRED BY THE DESC SPECIFICATION CLAUSES.

(2) Quality Representative (QR) includes the terms Quality Assurance Representative (QAR) and Quality

Surveillance Representative (QSR). The QAR is a Government Representative authorized to represent the Contracting Officer to assure

the Contractor complies with the contractual requirements in furnishing petroleum products and services. The QSR is a Government

Representative authorized to represent the Contracting Officer to assure the Contractor complies with the contractual requirements in

furnishing services.

(3) The following may be completed by the Government at time of award. Government Source Inspection is required

for items listed below:

(g) DELIVERY ORDERS.

(1) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by

the individuals or activities defined as an Ordering Officer. Any U.S. military and Federal civilian agency vessel may utilize this

contract. An Ordering Officer means whichever of the following (or their designated representatives) is applicable: (1) the Commander,

Defense Energy Support Center; (2) the Commander, U.S. Army Petroleum Center; (3) the Commanding Officer, U.S. Navy Petroleum

Office; (4) the Officer in charge of the Federal Government activity encompassing any delivery point indicated in the Schedule; (5) the

Commanding Officer or the Master of the vessel to be bunkered; (6) any Government Contractor furnishing evidence of authority to

order under this contract; (7) the head of any Federal Government agency; (8) the Contracting Officer; (9) the Navy Fleet Commanders;

(10) the Defense Attache1 Officer; (11) the authorized ship manager (Contractor) for the Maritime Administration and/or National

Aeronautic and Space Administration (NASA) who is ordering ships' bunkers on behalf of Maritime Administration and/or NASA

vessels; (12) the ships' husbanding agent, furnishing evidence of contractual authority, who passes the order (verbal or written) on behalf

of the requesting Government vessel; (13) Military Sealift Command Fuel Ordering Officers; and (14)) The SEACard team member

transmitting an oral order from any of the foregoing. All delivery orders are subject to the terms and conditions of this contract. In the

event there is a conflict between a delivery order and this contract, the contract shall control.

(2) ORAL ORDERS. Bunker fuel orders may be issued orally or in writing. An oral delivery order may be

considered issued by the Ordering Officer when it is verbally assigned a purchase order and/or delivery order number and the delivery

specifics have been verbally communicated to the Contractor. A verbal delivery order number may also be the Date Time Group (DTG)

number from the vessel's Logistics Requirements (LOGREQ) Report issued to a Government shore activity or contracted husbanding

agent. Contractors are encouraged to request evidence to substantiate a verbal delivery order. For military and U.S. Coast Guard vessels,

a contracted husbanding agent or Government shore activity may serve as liaison for the requesting vessel to be bunkered. The

Government shore activity or contracted husbanding agent will pass the above-described oral order issued by the vessel, along with

evidence of this order, to the Contractor in a timely manner and will coordinate the delivery of the fuel. The husbanding agent, not

having authority to bind the Government, must clearly advise the Contractor of its role in this arrangement and show valid evidence

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