MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 23 of 76

ADDENDUM 1

K5 USE OF ELECTRONIC DATA INTERCHANGE (DESC MAY 1994)

(a) DEFINITIONS.

(1) Electronic Data Interchange (EDI) means the computer-to-computer exchange of business documents between

trading partners using a public standard format.

(2) American National Standards Institute (ANSI) means the agency that formulates the guidelines for the

standards used in EDI transactions. X12 is the ANSI subcommittee responsible for the development and maintenance of guidelines for

use in exchanging standard business transactions electronically.

(3) Trading partner means any business customer engaging in an EDI program.

(4) Trading Partner Agreement (TPA) means the legal document wherein the trading partners agree to the

electronic exchange of documents.

(5) Value Added Network (VAN) means the electronic mailbox through which EDI partners exchange business

transactions.

(b) The Defense Energy Support Center (DESC) may utilize EDI for certain documents in contracts awarded under this

solicitation. DESC has implemented a system using the (ANSI) X12 standards, as applicable, for EDI. When EDI procedures are to be

used, DESC and the Contractor will enter into a TPA.

(c) [ ] A check in this block indicates that the Contractor has already entered into a TPA with DESC.

(d) Upon submission of the following data, DESC will forward a TPA to the Contractor for execution:

(1) Company Name:

(2) Point of Contact for EDI:

(3) POC's Telephone Number:

(4) POC's Address:

(5) VAN Service Providers):

(6) Provide information for the following fields:

ISA07 Company Qualifier

ISA08 Company Value

GS03 Company Value

(7) Please identify:

Element Separator:

Subelement Separator:

Segment Terminator:

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 1 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 24 of 76

(e) By execution of the TPA, the Contractor agrees to be bound by the terms and conditions of the agreement governing

any transactions with the Government through EDI, in addition to the terms and conditions of the contract. TPAs will be contract

independent Only one will be signed between the Contractor and DESC. As contracts are awarded, the TPA will be incorporated into

the specific contracts upon the mutual agreement of the Contractor and DESC.

(f) When a TPA is executed-

(1) The TPA shall identify, among other things, the VAN(s) through which electronic transmissions are made, the

Transaction Sets available, security procedures, and guidelines for implementation.

(2) The Contractor shall be responsible for providing its own computer hardware, computer software, and VAN

connections necessary to transmit and receive data electronically under the framework of the TPA.

(3) Transaction Sets will be unique to each contract and will be incorporated into contracts as agreed to by the parties.

(4) Nothing in the TPA will invalidate any part of the contract between the Contractor and DESC.

(5) All terms and conditions that would otherwise be applicable to a paper document shall apply to the electronic

document.

(DESC 52.232-9F30)

K15 RELEASE OF UNIT PRICES (DESC MAR 2004)

The Defense Energy Support Center (DESC) will continue to release unit prices of successful offerers after the contract

award pursuant to 10 U.S.C. 2305(g)(2), FAR 15.506(d)(2) and 32 CFR 286h-3. Unit prices are the bottom-line price per unit of

product and may include the total contract price. They do not include any breakout of costs, such as transportation or overhead, and do

not disclose the offerer's anticipated profit or any pricing factors.

(DESC 52.224-9F25)

K33.01 AUTHORIZED NEGOTIATORS (DESC JAN 1998)

The first page of the offer must show names, titles, and telephone and facsimile numbers (and electronic addresses if

available) of persons authorized to negotiate with the Government on the offerer's behalf in connection with this solicitation. The

offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with

this request for proposals or quotations.

THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS.

(DESC 52.215-9F28)

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

(a) Submission of invoices by facsimile (FAX) is authorized when the offeror will utilize this method of invoicing at al

times. This method shall apply to all ships' bunker payment offices that may receive invoices via facsimile and when other electronic

transmission means are not utilized.

(b) Offeror shall indicate whether or not he intends to submit invoices via FAX:

[ ] YES [ ] NO

(c) See the SUBMISSION OF INVOICES FOR PAYMENT clause for FAX invoicing procedures.

(DESC52.232-9F15)

K75 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

(a) DEFINITIONS. As used in this provision-

(1) Foreign person means any person (including any individual, partnership, corporation, or other form of

association) other than a United States person.

(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as

defined in 43 U.S.C. 1331.

(3) United States person is defined in 50 U.S.C. App. 2415(2) and means—

(i) Any United States resident or national (other than an individual resident outside the United States who is

employed by other than a United States person);

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 2 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 25 of 76

(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern), and

(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern

that is controlled in fact by such domestic concern.

(b) CERTIFICATION. If the offeror is a foreign person, the offeror certifies by submission of an offer that it--

(1) Does not comply with the Secondary Arab Boycott of Israel; and

(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab

countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

(DFARS 252.225-7031)

K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY

(MAR 1998)

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

(1) Government of a terrorist country includes the state and the government of a terrorist country, as well as any

political subdivision, agency, or instrumentality thereof.

(2) Terrorist country means a country determined by the Secretary of State, under Section 6(j)(l)(A) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support

for acts of international terrorism. As of the date of this provision, terrorist countries include Cuba, Iran, Iraq, Libya, North Korea,

Sudan, and Syria.

(3) Significant interest, as used in this provision means--

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial

interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other

method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other

tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

(b) PROHIBITION ON AWARD. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or

subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a

subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) DISCLOSURE.

If the government of a terrorist country has a significant interest in the offeror or a subsidiary of the offeror, the

offeror shall disclose such interest in an attachment to its offer. If the offeror is a subsidiary, it shall also disclose any significant

interest each government has in any firm that owns or controls the subsidiary. The disclosure shall include-

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each Government.

(DFARS 252.209-7001)

K86 FOREIGN TAXES (DESC JUN 1987)

As stated in the TAXES - FOREIGN FIXED-PRICE CONTRACTS clause, unless the contract provides otherwise, the

contract price must include all applicable taxes and duties. In accordance with the TAXES - FOREIGN FIXED-PRICE CONTRACTS

clause, the offeror shall list below, in paragraph (a), the specific name and amount of the foreign taxes included in the price. If, when

permitted by the contract, foreign taxes are not included in the offered price but are expected to be invoiced separately, the offeror shall

list the specific name and amount of these taxes in paragraph (b) below.

(a) Foreign taxes included in the contract price are as follows:

NAME OF TAX AMOUNT

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 3 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 26 of 76

(b) Foreign taxes invoiced separately are as follows:

NAME OF TAX AMOUNT

(DESC52.229-9F10)

K94 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER

RESPONSIBILITY MATTERS (DEC 2001)

(a) (1) The Offerer 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, or receiving stolen property; 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 subdivision (a)(l)(i)(B) of this provision.

(ii) TheOfferor-

[ ] has,

[ ] has not

for default by any Federal agency.

within a three-year period preceding this offer, had one or more contracts terminated

(2) Principals, for the purposes of this certification, means officers, directors, owners, partners, and persons having

primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary,

division, or business segment, and similar positions).

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 4 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 27 of 76

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES,

AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT

TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offerer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award,

the Offerer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding

of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offerer's

responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting

Officer may render the Offerer nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to

render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not

required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed

when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies

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

(FAR 52.209-5)

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

(a) NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND SMALL BUSINESS

SIZE STANDARD. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover

sheet (SF 1449). However, the small business size sfcindard for a concern that submits an offer in its own unique name, but proposes to

furnish an item it did not manufacture, is 500 employees.

(b) MASTER SOLICITATION.

(1) This solicitation is [ X ], is not [ 1 a master solicitation for the Ships' Bunkers (Overseas) 1.3B Purchase

Program. If this is a master solicitation, it will contain the terms and conditions for this solicitation and for future supplemental

solicitations in the program year. Each supplemental solicitation will incorporate by reference the same terms and conditions as this

master solicitation, except as specifically stated in that supplemental solicitation. The identical terms and conditions will not be repeated.

(Therefore, if this is a master solicitation, it should be retained for the duration of the program.) However, each supplemental solicitation

will be considered a separate and individual solicitation.

(2) The initial opening/closing date for the solicitation is . Subsequent closings for future

requirements will be on an as-required basis starting with the first supplemental solicitation and thereafter until the end of the program

ordering period as stated in the solicitation.

(c) SUBMISSION OF OFFERS. Submit signed and dated offers to the office specified in this solicitation at or before

the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in

the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offerer;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements

in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warrant)';

(6) Price and any discount terms;

(7) "Remit to" address, if different from mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3. See FAR 52.212-3(j) for those

representations and certifications that the offeror shall complete electronically;

(9) Acknowledgment of solicitation amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for

the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant

information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms,

conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the

terms and conditions of the solicitation may be excluded from consideration.

(12) Proposals submitted in response to this solicitation shall be in English and in U.S. dollars, unless otherwise

permitted by the solicitation.

(d) FACSIMILE PROPOSALS (FAR 52.215-5). Incorporated by reference.

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 5 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 28 of 76

(e) PROPOSAL ACCEPTANCE PERIOD.

(1) Acceptance period, as used in this provision, means the number of calendar days available to the Government for

awarding a contract from the date specified in this solicitation for receipt of proposals.

(2) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this

solicitation.

(3) The Government requires a minimum acceptance period of 150 calendar days.

(4) If the offerer specifies an acceptance period which is less than that required by the Government, such offer may be

rejected.

(5) The offerer agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is

acceptable to the Government and is accepted within the acceptance period stated in paragraph (3) above or within any extension thereof

which has been agreed to by the offerer.

(f) TYPE OF CONTRACT. The Government contemplates award of a fixed price with economic price adjustment,

requirements-type contract resulting from this solicitation.

(g) EVIDENCE OF RESPONSIBILITY. The Contracting Officer may require evidence of supply commitment in the

form of either a signed copy of a contract between the offerer and its supplier for each location or a contingency letter from the offerer's

intended supplier. Preaward surveys may be performed at the Government's expense to verify these provisions (see FAR 9.106). All

offerers will be subject to the criteria set forth in FAR 9.104. Failure to comply with any of the above provisions may result in a

determination of nonresponsibility by the Contracting Officer.

(h) PRODUCT SAMPLES. When required by the solicitation, product samples shall be submitted at or prior to the time

specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the

Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(i) MULTIPLE OFFERS. Offerers iire encouraged to submit multiple offers presenting alternative terms and conditions

or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(j) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

(1) Offerers are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the

time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the

solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is

made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received

at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt

of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for

receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of

that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or

statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received

at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government

requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of

offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be

withdrawn via facsimile at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation

concerning facsimile offers. An offer may be withdrawn in person by an offerer or its authorized representative if, before the exact time

set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(k) CONTRACT AWARD.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible

offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 6 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 29 of 76

(4) The Government intends to evaluate proposals and award a contract without discussions with offerers (except

clarifications as described in FAR 15.306(a)). Therefore, the offerer's initial proposal should contain the offerer's best terms from a cost

or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines

them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range

exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the

competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(1) MULTIPLE AWARDS. The Government may accept any item or group of items of an offer, unless the offeror

qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than

those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit

prices offered, unless the offeror specifies otherwise in the offer,

(m) AVAILABILITY OF REQUIREMENTS DOCUMENTS CITED IN THE SOLICITATION.

(1) (i) The GSA Index of Federal Specifications, Standards, and Commercial Item Descriptions, FPMR Part 101-29,

and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained either through the

Defense Standardization Program Internet website at http://www.dsp.dla.mil or by submitting a request toGSA FEDERAL SUPPLY SERVICE SPECIFICATIONS SECTION

470 EAST L'ENFANT PLAZA SW SUITE 8100

WASHINGTON DC 20407

TELEPHONE: (202)619-8925

FAX: (202)619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued

this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained

free of charge by submitting a request to the address in (i) above. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/Quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.coin).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard):

(ii) Phoning the DoDSSP Customer Service Desk at (215) 697-2179, Monday through Friday, 0730 to 1600 EST;

or

(iii) Ordering fromDEPARTMENT OF DEFENSE SINGLE STOCK POINT (DoDSSP)

BUILDING 4, SECTION D

700 ROBBINS AVENUE

PHILADELPHIA PA 19111 -5094

TELEPHONE: (215)697-2667/2179

FAX: (215)697-1462

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,

publication, or maintenance.

(n) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (Applies to offers exceeding $25,000 and

offers of $25,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR)

database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or

"DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offerer's name and address. The DUNS+4 is the DUNS

number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying

alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have

a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and

Bradstreet by calling 1-866-705-5711 or via the internet at http://www.dnb.com. An offeror located outside the United States must

contact the local Dun and Bradstreet office for a DUNS number.

(o) CENTRAL CONTRACTOR REGISTRATION (CCR). Unless exempted by an addendum to this solicitation, by

submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior

to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become

registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 7 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 30 of 76

next otherwise successful registered offerer. Offerers may obtain information on registration and annual confirmation requirements via

the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(p) DEBRIEFING. If a post-award debriefing is given to requesting offerers, the Government shall disclose the

following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offerer's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offerer and past

performance information on the debriefed offerer.

(3) The overall ranking of all offerers, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offerer.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(FAR 52.212-1, tailored/DESC 52.212-9F10)

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

(a) DEFINITIONS. As used in this provision-

(1) Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

(2) In writing, writing, or written means any worded or numbered expression which can be read, reproduced, and

later communicated, and includes electronically transmitted and stored information.

(3) Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in

response to an amendment, or made to correct a mistake at any time before award.

(4) Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed

by a Contracting Officer as the result of negotiations.

(5) Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturday, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall

include the next working day.

(b) AMENDMENTS TO SOLICITATIONS. If this solicitation is amended, all terms and conditions that are not

amended remain unchanged. Offerers shall acknowledge receipt of any amendment to this solicitation by the date and time specified in

the amendments).

(c) SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals, and modifications to

proposals shall be submitted in paper media in sealed envelopes or packages—

(i) Addressed to the office specified in the solicitation; and

(ii) Showing the time and date specified for receipt, the solicitation number, and the name and address of the

offeror. Offerers using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in

paragraphs (c)(l)(i) and (c)(lXii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the

solicitation and agreement to furnish any or all items upon which prices are offered at the prices set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic address if available) of persons authorized

to negotiate on the offerer's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be

accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerers are responsible for submitting proposals, and any modifications or revisions, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the

time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation

after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was

received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified

for receipt of proposals; or

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 8 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 31 of 76

(2) There is acceptable evidence to establish that it was received at the Government installation designated

for receipt of offers and was under the Government's control prior to the time set for receipt of offers, or

It was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer

submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to

the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp

of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or

statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be

received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government

requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the

same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposal in response to

oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile

received at any time before award, subject to the conditions specified in the provision at 52.215-5, FACSIMILE PROPOSALS.

Proposals may be withdrawn in person by an offerer or an authorized representative, if the identity of the person requesting withdrawal is

established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offerer may propose to provide any item or combination of

items.

(5) Offerers shall submit proposals in response to this solicitation in English, unless otherwise permitted by the

solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, EVALUATION OF FOREIGN CURRENCY OFFERS, is

included in the solicitation.

(6) Offerers may submit modifications to their proposals at any time before the solicitation closing date and time, and

may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerers may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting

Officer.

(d) OFFER EXPIRATION DATE. Proposals in response to this solicitation will be valid for the number of days

specified on the solicitation cover sheet (unless a different period is proposed by the offerer).

(e) RESTRICTION ON DISCLOSURE AND USE OF DATA. Offerers that include in their proposals data that they

do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

THIS PROPOSAL INCLUDES DATA THAT SHALL NOT BE DISCLOSED OUTSIDE THE GOVERNMENT AND SHALL

NOT BE DUPLICATED, USED, OR DISCLOSED - IN WHOLE OR IN PART - FOR ANY PURPOSE OTHER THAN TO EVALUATE THIS

PROPOSAL. IF, HOWEVER, A CONTRACT IS AWARDED TO THIS OFFEROR AS A RESULT OF - OR IN CONNECTION WITH - THE

SUBMISSION OF THIS DATA, THE GOVERNMENT SHALL HAVE THE RIGHT TO DUPLICATE, USE, OR DISCLOSE THE DATA TO THE

EXTENT PROVIDED IN THE RESULTING CONTRACT. THIS RESTRICTION DOES NOT LIMIT THE GOVERNMENT'S RIGHT TO USE

INFORMATION CONTAINED IN THIS DATA IF IT IS OBTAINED FROM ANOTHER SOURCE WITHOUT RESTRICTION. THE DATA

SUBJECT TO THIS RESTRICTION AR CONTAINED IN SHEETS (INSERT NUMBERS OR OTHER IDENTIFICATION OF SHEETS); and

(2) Mark each sheet of data it wishes to restrict with the following legend:

USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO THE RESTRICTION ON

THE TITLE PAGE OF THIS PROPOSAL.

(f) CONTRACT AWARD.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible

offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerers (except

clarifications as described in FAR 15.306(a)). Therefore, the offerer's initial proposal should contain the offerer's best terms from a cost

or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines

them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 9 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 32 of 76

range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals

in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at

the unit cost or prices offered, unless the offerer specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative

costs, it is in the Government's best interest to do so.

(7) Exchanges with offerers after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced

between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more

contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A

proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in

evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offerer within the time

specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerers, the Government shall disclose the following information, if

applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offerer's offer,

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offerer and past

performance information on the debriefed offeror.

(iii) The overall ranking of all offerers, when any ranking was developed by the agency during source selection,

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(FAR 52.215-1)

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

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English

shall be rejected.

(FAR 52.214-34)

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

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

(FAR 52.214-35)

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

(a) DEFINITION. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a

proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerers may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same

rules as paper proposals.

(c) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance

to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the

offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable

submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for

resubmission prescribed by the Contracting Officer.

(d) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so

by the Contracting Officer, the offeror agrees to promptly submit the complete, original, signed proposal, or a hard copy thereof, to be

received within 10 days of the opening date. The Government reserves the right to reject any incomplete proposal.

(e) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment: (703) 767-8506.

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 10 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 33 of 76

(2) The Defense Energy Support Center's receiving equipment is a Panafax UF-880 facsimile machine. The receiving

speed coincides with the applicable sending machine. Each FAX is required to include the following information on a cover sheet or at

the top of the first page:

TO: (Name and office code, i.e., Mary Smith, DESC-PH)

FROM: (Originator's name, complete company name and address)

Verification number: (Originator phone number and FAX number)

Description: (Solicitation number)

Number of pages:

(f) If the offerer chooses to transmit a facsimile proposal, the Government will not be responsible for any failure

attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of a garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(DESC52.215-9FA6)

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

Companies protesting this procurement may file a protest (1) with the Contracting Officer, (2) with the General

Accountability Office, or (3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the

Contracting Office. Protests filed with the Agency should clearly state that they are an "Agency Level Protest under Executive Order

No. 12979." (NOTE: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level

decision on the initial protest than would occur with a protest to the Contracting Officer; this process is not an appellate review of a

Contracting Officer's decision on a protest previously filed with the Contracting Officer.) Absent a clear indication of the intent to file

an agency level protest, protests will be presumed to be protests to the Contracting Officer.

(DLAD 52.233-9000)

L5.05 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2001) - DLAD

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations

are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only

be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for

resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The

documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see FAR 52.233-1), or, for the Agency,

by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with

legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions

with the Contracting Officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this provision, check here [ ]. Alternate wording may be negotiated with the Contracting

Officer.

(DLAD 52.233-9001)

L54 SITE VISIT (DESC OCT 1992)

(a) It is the responsibility of the offerers/bidders to inspect the site where supplies are to be delivered and to obtain all

available information about the site necessary to satisfy themselves about general and local conditions that may affect delivery and the

cost of contract performance, to the extent that the information is reasonably obtainable. Offerers/bidders are responsible for any costs

incurred for any site inspection and for obtaining information.

(b) In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(DESC 52.23 7-9F05)

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 11 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 34 of 76

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

(a) The Government will award a contract to the lowest responsible offerer for a particular line item that can meet the

terms and conditions of the solicitation/contract. The low offer will be determined by computing the total cost to the Government for the

2-year basic performance period.

(b) EVALUATION OF OFFERS SUBJECT TO ECONOMIC PRICE ADJUSTMENT. All offers on an escalated

price basis will be subject to all terms and conditions of the applicable ECONOMIC PRICE ADJUSTMENT (EPA) clause. When the

Government elects to negotiate the offers, Final Proposal Revisions (FPR) are to be evaluated based on the base reference date designated

for use in the EPA clause. If no FPR is submitted, the initial offer will be used as the FPR. For evaluation purposes, the offered unit

price(s) will not be updated until after award, regardless of preaward changes in the reference price.

(c) EVALUATION OF OFFERS WHERE UNCOMMON ESCALATORS ARE USED. An uncommon escalator is

defined as an escalation reference that differs from those established by the Government in the EPA clause. Subject uncommon escalator

must be based on the same base reference date cited in the solicitation and be an acceptable substitute to the Government.

(1) FOR EVALUATION PURPOSES ONLY, an evaluation factor will be applied to the FPR price(s) of those line

items for which acceptable uncommon escalators are proposed as a basis for price adjustment. The evaluation formula will establish a

commonality among the different supplier postings, Government postings, or reference publications offered in order to ensure that all

offerers are evaluated on an equal basis.

(2) FORMULA. The evaluated FPR price will be calculated using the following formula:

[Evaluated FPR price] = [FPR price] - [applicable base reference price as offered] + [12-month

average of an acceptable reference publication as offered]

(3) Evaluated FPR price is used for evaluation purposes only and shall not be used for price adjustment.

The FPR price will be used for price adjustment after a contract is awarded.

(4) In the event the Government awards without discussions, the provisions of (2) and (3) above shall apply to the

initial offers.

(d) OVERTIME AND DETENTION. The Government will not evaluate overtime and detention charges. However, the

Government reserves the right to verify charges that are inconsistent with commercial practices and/or that appear excessive or outside of

competitive rates. Further, the Government will not pay more in such rates that exceed the rates the Contractor normally charges its

commercial customers.

(e) DELIVERY MODE AND SPECIFICS.

(1) Offers received with a different delivery mode or method from that indicated in the solicitation for a

particular line item or various items will be considered, provided the offerer clearly indicates, by attachment to the offer,

the extent to which its offer differs from the Addendum requirements. If the alternative delivery mode is acceptable to the

Government, award will be made to the offerer whose offer represents the best value to the Government, after considering

all evaluation factors.

(2) Individual exceptions concerning pumping rates, delivery conveyance capacity, extended order placement,

notification of a delivery, and availability of product will be examined on a case-by-case basis but will not be treated as a price

determinate factor. If any of the above referenced exceptions are acceptable to the requesting activity, award will be made to the offeror

whose offer represents the best value to the Government, after considering all evaluation factors.

(f) EVALUATION ORDER.

(1) Offerers are expected to submit offers in full compliance with all terms and conditions of this solicitation. Any

exceptions/deviations to the terms and conditions of this solicitation will result in the Government's determination that either—

(i) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 12 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 35 of 76

(ii) The exception/deviation is acceptable.

(2) For purposes of price evaluation only, the evaluated price will be determined in the following order: Price, then

adjustment for any Uncommon Escalators (if applicable).

(3) All other approved exceptions/deviations will be evaluated as best value to the Government.

(DESC 52.216-9F40)

M55 CONVERSION FACTORS (DESC APR 1998)

(a) This provision applies to all products except lubricating oils.

(b) The offerer should use conversion factors that reflect its product characteristics and submit prices and transportation

rates in the requested units. In the event prices or transportation rates are not submitted in the requested units, the following conversion

factors based on an assumed density for the product will be used by DESC in the evaluation of the offer.

(1) TABLE I.

One Imperial Gallon

One Liter

One Cubic Meter (1,000 liters)

One U.S. Barrel

One Kilometer

One Mile

One Nautical Mile

1.20095 U.S. Gallons at the same temperature

0.264172 U.S. Gallons at the same temperature

6.2898 Barrels at the same temperature

42 U.S. Gallons at the same temperature

0.62137 Miles

1.6093 Kilometers

1.15 Statute Miles

(2) TABLE II.

DENSITY TYPICAL

(gJlS°C @60°F

API

BARRELS PER

METRIC TON

GALLONS PER

METRIC TON

LITERS PER

METRIC TON

BARRELS PER

LONG TON

GALLONS PER

LONG TON

AUTOMOTIVE

GASOLINE (ALL) 744.9

AVIATION

GASOLINE (ALL) 716.3

58.4 8.462

66.0 8.801

355.42

369.66

1342.46

1396.06

8.598

8.943

361.12

375.59

BURNER FUEL OILS

FUEL OIL NO. 1 812.8 42.5 7.753

FUEL OIL NO. 2 846.9 35.5 7.440

FUEL OIL NO. 4 914.2 23.2 6.891

FUEL OIL

NO. SLIGHT 954.2 16.7 6.602

FUEL OIL NO.

5 HEAVY 960.7 15.7 6.557 275.39

FUEL OIL NO. 6 976.6 13.3 6.450

325.61

312.49

289.44

277.27

1040.91

270.90

1230.31

1180.78

1093.85

1048.00

6.662

1023.96

7.877

7.560

7,002

6.707

279.81

6.554

330.83

317.51

294.09

281.71

275.25

DIESEL FUELS

DFA

DPI

DF2/GAS OIL

810.5

818.9

839.3

43.0 7.775

41.2 7.695

37.0 7.507

326.54

323.17

315.30

1233.81

1122.15

1191.47

7.900

7.818

7.628

331.79

328.36

320.36

Case 1:07-cv-05798-CM-HBP Document 21-5 Filed 09/20/2007 Page 13 of 14
MASTER SOLICITATION

RFP SP0600-06-R-0218

Page 36 of 76

INTERMEDIATE FUEL OILS

IFO60

IFO 180

IFO 220

IFO 380

947.2

965.3

967.9

973.9

17.8

15.0

14.6

13.7

6.651

6.526

6.508

6.468

279.33

274.09

273.34

271.65

1055.74

1035.95

1033.16

1026.68

6.757

6.630

6.612

6.572

283.81

278.48

277.72

276.01

JET FUELS

JP4/JETB

JP5

JP8/JETA1

JET A

764.6

819.9

805.9

814.2

53.5

41.0

44.0

42.2

8.243

7.686

7.820

7.739

346.22

322.80

328.42

325.04

1307.87

1219.66

1240.85

1228.20

8.376

7.809

7.945

7.863

351.78

327.98

333.69

330.26

K.EROSINES (ALL) 815.2 42.0 7.730

MARINE GAS OIL 839.3 37.0 7.507

NAPHTHA 731.1 62.0 8.623

NAVAL DISTILLATE

FUEL (F76)

ANDDFW(F75) 844.3 36.0 7.463

324.68

315.30

362.16

313.43

1226.69

1191.47

1367.80

1184.41

7.854

7.628

8.761

7.582

329.88

320.36

367.97

318.46

(3) TABLE III.

PRODUCT

FSII DIEGME

M72

ASSUMED DENSITY

20 dee C/20 deg C

g/mL Ib/gal

1.025 8.561

Kg/gal

3.884

(DESC52.215-9FA1)

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

(a) Offerers are expected to submit offers in full compliance with all terms and conditions of this solicitation.

(b) Any exceptions/deviations to the terms and conditions of this solicitation will result in the Government's

determination that either—

(1) The exception/deviation is material enough to warrant rejection of the offer in part or in full; or

(2) The exception/deviation is acceptable.

(c) If the exception/deviation is in reference to a specification contained in this solicitation and the offerer cannot

supply product fully meeting the required specification(s), the product can be offered for consideration provided the offerer clearly

indicates, by attachment to the offer, the extent to which any product offered differs from the required specification(s).

(d) If the exception/deviation is in reference to a particular test, inspection, or testing method contained in this

solicitation, the offer can be considered provided the offerer clearly indicates, by attachment to the offer, the extent to which its offer

differs from those requirements.

(e) If the exception/deviation is determined acceptable, offered prices may be adjusted, for evaluation purposes only, by

the Government's best estimate of the quantitative impact of the advantage or disadvantage to the Government that might result from

making an award under those circumstances.

(DESC 52.209-9F45)

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