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HomeMy WebLinkAboutOrdinance 5571ORDINANCE NO.5571 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $57,500.00, PLUS APPLICABLE PER GALLON FUEL COSTS, WITH REW INVESTMENTS, INC., WOOLSEY AVIATION, INC. AND GO FAYETTEVILLE, LLC (COLLECTIVELY MILLION AIR FAYETTEVILLE) FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES NECESSARY TO EFFECTUATE THE CITY'S TAKEOVER OF AIRPORT FIXED -BASE OPERATIONS WHEREAS, the City has determined to terminate its agreement with Million Air, the current Fixed Base Operator (FBO) for the Fayetteville Executive Airport; and WHEREAS, continued FBO services on and after March 15, 2013, including the provision of aviation fuel and appropriate equipment to dispense and store such fuel, are required for the functioning of the Airport; and WHEREAS, the equipment and supplies needed by the City is currently owned by Million Air Fayetteville and is on -site at the airport, and, further, the City has insufficient time to competitively bid necessary equipment and supplies in order to conduct FBO services by March 15, 2013; and WHEREAS, an orderly transition of FBO services from Million Air Fayetteville to the City will provide and opportunity for the City to retain a Defense Logistics Agency (DLA) fueling contract, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $57,500.00, plus applicable per gallon fuel costs, with REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC (collectively Million Air Fayetteville), marked as Exhibit "A" attached hereto and made a part hereof, for the purchase of airport equipment and supplies necessary to effectuate the City's takeover of Airport fixed -base operations. PASSED and APPROVED this 12'�' day of March, 2013. APPROVED: ATTEST: By: By: L O LD JO , Mayor Page 2 Ordinance No. 5571 LISA BRANSON, Deputy City Clerk R���nnrrrr�� K / T RL- ,,% *o-T Y of ••G� -v: FAYETTEVILLE.) Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Special Meeting 3/12/13 City Council Meeting Date Agenda Items Only Aviation Division Transportation Department Action Kequirea: Action Required: A resolution to approve an Agreement with Woolsey Aviation Inc., DBA Go Fayetteville, Million Air Fayetteville, for transfer of equipment and agreements related to the Drake Field Fixed Based Operation. $ 57,500.00 Cost of this request VARIOUS Account Number 51301 1 Project Number Budgeted Item $ 98,437.00 FBO Capital Expenditures Category / Project Budget Program Category / Project Name $ - 2013 Trk Other Funds Used to Date Program / Project Category Name $ 98,437.00 Airport Remaining Balance Fund Name Budget Adjustment Attached Q — Previous Ordinance or Resolution # 28-13 Date / Original Contract Date: �^ ! Original Contract Number: Date V� Q.• Q�.l� 3- ti-zar3 Finance and Internal Services Director Date Received in City t Clerk's Office ` Date QENTERI.��DReceived in Mayor's Office to Comments: Cost of this request does not include the cost of fuel and oil inventory to be purchased from Million Air. Revised January 15, 2009 City Council Meeting of. SPECIAL MEETING Agenda Item Number: AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation Director-7�2/:- FROM: Ray M. Boudreaux, Aviation rector DATE: March 11, 2013 SUBJECT: Approve the Termination Agreement with Woolsey Aviation, Inc. (dba: Million Air, Fayetteville and Go Fayetteville LLC) and payments for equipment and inventory. Signature of the Mayor and City Clerk. RECOMMENDATION: Approve the Termination Agreement between the City of Fayetteville and Woolsey Aviation, Inc. (dba Million Air, Fayetteville and Go Fayetteville, LLC.) Authorize payment for the equipment and the Novation of the Contract with Defense Logistics Agency for sales to US Government aircraft in the total amount of $57,500.00 and the purchase of fuel and oil inventory in an amount determined on the last day of the Million Air operation at the wholesale price paid when delivered to Drake Field. Signature of the Mayor and the City Clerk on the Agreement. BACKGROUND: The City Council has approved the termination of the contract with Million Air, Fayetteville (Woolsey Aviation, Inc. and Go Fayetteville, LLC) and the budget for the City to operate the FBO in house. The City will purchase the Ground Support Equipment (GSE) needed to operate the FBO from Million Air and the DLA Contract for service to US Government Aircraft from Million Air. On the final day of operation, inventory of product for sale will be accomplished and the City will purchase, at cost, the inventory remaining in the bulk fuel storage facility (Fuel Farm) and engine oil in inventory in the FBO. This item approves the expenditures. BUDGET IMPACT: The total to be paid to Million Air for the equipment and the DLA contract novation is $57,500.00, the amount negotiated, and will be expensed from the budget approved by the City Council for the FBO. Inventory payment will be expensed from the FBO budget in the amount remaining in the inventory on the last day of the contract. Attachments: Staff Review Termination Agreement 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 - 479.718.7646 FAX • www.accessfayetteville.org/govemment/aviabon airport—economic—development@ci.fayetteville.ar.us ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $57,500.00, PLUS APPLICABLE PER GALLON FUEL COSTS, WITH REW INVESTMENTS, INC., WOOLSEY AVIATION, INC. AND GO FAYETTEVILLE, LLC (COLLECTIVELY MILLION AIR FAYETTEVILLE) FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES NECESSARY TO EFFECTUATE THE CITY'S TAKEOVER OF AIRPORT FIXED -BASE OPERATIONS WHEREAS, the City has determined to terminate its agreement with Million Air, the current Fixed Base Operator (FBO) for the Fayetteville Executive Airport; and WHEREAS, continued FBO services on and after March 15, 2013, including the provision of aviation fuel and appropriate equipment to dispense and store such fuel, are required for the functioning of the Airport; and WHEREAS, the equipment and supplies needed by the City is currently owned by Million Air Fayetteville and is on -site at the airport, and, further, the City has insufficient time to competitively bid necessary equipment and supplies in order to conduct FBO services by March 15, 2013; and WHEREAS, an orderly transition of FBO services from Million Air Fayetteville to the City will provide and opportunity for the City to retain a Defense Logistics Agency (DLA) fueling contract, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $57,500.00, plus applicable per gallon fuel costs, with REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC (collectively Million Air Fayetteville), marked as Exhibit "A" attached hereto and made a part hereof, for the purchase of airport equipment and supplies necessary to effectuate the City's takeover of Airport fixed -base operations. PASSED and APPROVED this 12t" day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CONTRACT THIS AGREEMENT, made and entered into the day of 4R-r-H , 2013, by and between the City of Fayetteville, Arkansas (hereinafter "Fayetteville") and REW Investments, Inc. with and through its wholly -owned subsidiaries Woolsey Aviation, Inc. and Go Fayetteville, LLC each dba Million Air Fayetteville (hereinafter "Million Air"), collectively the "Parties": WITNESSETH: That Million Air and Fayetteville, for the consideration hereinafter fully set out, hereby agree as follows: 1. Million Air states that Woolsey Aviation, Inc. and Go Fayetteville, LLC are wholly -owned subsidiaries of REW Investments, Inc. each of which have done or currently do business as "Million Air Fayetteville", and that the undersigned authorized representative of Million Air has the authority to, and hereby does, bind REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC to this Contract, with each of them being jointly and severally liable for the performance of Million Air as agreed herein. 2. Million Air and Fayetteville agree that the last day of operation by Million Air pursuant to the current Fixed -Base Operation (FBO) agreement shall be March 15, 2013. By entering this Contract, Million Air and Fayetteville hereby agree and hereby do release each other from any further obligation under the existing FBO agreement and terminate the FBO agreement. 3. Million Air agrees, and hereby does, sell to Fayetteville the equipment listed and attached hereto as Exhibit "A", novation of a Defense Logistics Agency (DLA) fuel contract by December 31, 2013, all fuel currently remaining in Fayetteville's airport "fuel farm" and service trucks on the date of termination (March 15, 2013), all aircraft engine oil in inventory on the date of termination (March 15, 2013), and further agrees to pay Fayetteville for fuel currently stored by Million Air at Fayetteville's airport and pre -purchased by Fayetteville airport fuel customers. All property transferred to Fayetteville by Million Air shall be free and clear of any and all liens or encumbrances of any kind. The rate of payment for fuel shall be the delivered price of fuel EXHIBIT 1 a � L/ most recently purchased by Million Air for fuel delivered to Fayetteville's airport. Payment for aircraft engine oil shall be at the wholesale rate paid by Million Air. Payment for fuel and aircraft engine oil shall be in addition to any payment required pursuant to Section 7 of this Contract. 4. The Parties agree that Fayetteville will act as fueling agent for Million Air for purposes of the DLA contract. Million Air will take all steps necessary to designate Fayetteville as said fueling agent with the Defense Logistics Agency (DLA), through December 31, 2013. Million Air will make said designation known to DLA immediately upon execution of this Contract, if it has not already done so. The Parties agree that, through December 31, 2013, Million Air will promote Fayetteville's airport as a training destination for military flights. The Parties agree that Million Air shall bill DLA for all fuel purchases pursuant to the DLA contract and that DLA shall make full payment of said bills to Million Air. Million Air shall then pay over to Fayetteville all amounts less and except the total of $0.47 per gallon of fuel sold. Payment for fuel by Million Air as required in this section shall be in addition to any payment required pursuant to Section 7 of this Contract. 5. Fayetteville agrees that it will make all reasonable efforts to hire as many qualified employees of Million Air currently stationed at Fayetteville's airport as are needed by Fayetteville for its own fixed -base operations. Fayetteville will follow all of its standard hiring practices, as well as all applicable provisions of local, state or federal law. The Parties agree that Fayetteville's agreement herein shall not be deemed to create third -parry beneficiary rights for any current or future employee of Fayetteville, nor for any Fayetteville job applicant, nor for any employee of Million Air. 6. Million Air agrees to allow Fayetteville's employees or agents the right to be physically present during Million Air's removal of any of its remaining equipment and/or furnishings at Fayetteville's airport, and further agrees to allow Fayetteville the right of access to spaces and facilities occupied by Million Air at Fayetteville's airport in order to accommodate Fayetteville's set up of telecommunications hardware, including, but not limited to telephone and/or data lines. 7. Subject to credits, deductions and off -sets stated herein, Fayetteville agrees to pay and Million Air agrees to accept $80,000.00 to perform as agreed herein. The Parties acknowledge and agree that Million Air currently owes the sum of $45,000.00 to Fayetteville pursuant to the terms of the FBO agreement previously entered between Million Air and Fayetteville and that fifty percent (50%) of said sum owed shall be deducted by Fayetteville from the total $80,000.00 payment due Million Air pursuant to this Contract, leaving a total payment to Million Air by Fayetteville of $57,500.00. The remaining fifty percent (50%) owed by Million Air to Fayetteville pursuant to the terms of the FBO agreement is forgiven. Said $57,500.00 owed shall be paid by Fayetteville to Million Air as follows: A. A payment of $45,000.00 within seven (7) days of execution of this Contract. B. A payment of $5,000.00 ninety (90) days after execution of this Contract, so long as Million Air has made timely payments to Fayetteville for fuel purchases pursuant to the DLA contract currently in place between Million Air and DLA and referenced in Section 4, above. If timely payments are not made during the ninety (90) days after execution of this Contract, this $5,000.00 payment shall be deferred and made only upon final novation (assignment) of the DLA fueling contract to Fayetteville. To be timely, payments to Fayetteville for fuel pursuant to this subsection must be made by Million Air within forty-five (45) days of the date of the fuel purchase by DLA. C. A payment of $7,500.00 upon final novation (assignment) of the DLA fueling contract to Fayetteville, which shall occur on or before December 31, 2013. If final novation (assignment) of the DLA fueling contract to Fayetteville does not occur by such date, or if payments due for fuel purchases referenced in Section 7(B) are unpaid, all further payments due Million Air pursuant to this Contract shall be forfeited and considered liquidated damages. 8. Changes, modifications, or amendments to any of the terms of this Contract shall not be allowed without a prior formal contract amendment, approved by the Mayor. 9. Freedom of Information Act. Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If an Arkansas Freedom of Information Act request is presented to Fayetteville, Million Air will do everything possible to provide the requested information in a prompt and timely manner as prescribed in the Act. Only legally authorized photocopying costs, pursuant to the Act may be assessed for this compliance. 10. Assignment. Neither of the Parties may assign this Contract, nor any interest herein, without written consent of the other party. 11. Integration. This Contract reflects the entire agreement of the Parties with regard to the subject matter herein stated. No other written or oral agreements between the Parties have been made. 12. Jurisdiction and Venue. The jurisdiction and venue for any dispute arising pursuant to this Contract shall be the Circuit Court of Washington County, Arkansas or the United States District Court for the Western District of Arkansas, Fayetteville Division, with Arkansas law applying to the case, without regard to conflicts of law principles. AGREED UPON AND EXECUTED BY AND BETWEEN THE PARTIES ON THE DATE FIRST WRITTEN ABOVE. REW Investments, Inc. City.of Fayetteville, Arkansas Woolsey Aviation, Inc. Go Fayetteville, LLC (collectively "Million Air") By: By: Y:: Roger Wo ey, President/CEO Lioneld Jordan, M o Authorized Agent to Bind All Entities Listed Attest: Attest: •G�-T City Clerk/Treasurer ����; ' Y FAYETTEVILLE:�O= 4 :�• y •� �'.9sy �jfA NSP�•����` TON' ON CITY OF FAYETTEVILLE FAYETTEVILLE EXECUTIVE AIRPORT SCHEDULE OF MILLION AIR GSE 6-Feb-13 NO. ITEM/DESCRIP MODEL CONDITION 1 Tug '84 Harlan CT120 Unknown - runs 2 Tug Hammond ODV Needs repair 3 GPU Hobart 600 Average 4 GPU Hobart Diesel Needs repair - fuel leak 5 HD Towbar w/heads AERO? Used no apparent defects 6 Towbars GA small (2) AERO? Used no apparent defects 7 Towbars GA hand (2) Used no apparent defects 8 Chocks Lg (27) Used no apparent defects 9 Chocks sm (6) Used no apparent defects 10 Road cones (30) Used no apparent defects 11 Ladders (5) generic 6' Used no apparent defects 12 Fueling Mats (3) Used no apparent defects 13 24V Battery Charger DSR Fair 14 Air compressor Fair to poor 15 Lav Cart Aerospecialties Needs repair - wheels 16 Luggage cart Good 17 De-ice trailer Homemade Unknown 18 Storage shelves (3) Chrome wire Used no apparent defects 19 Airband base station (2) icom - Al 10 Used no apparent defects 20 Ice machine Manitowoc Average 21 Upright freezer Average 22 Commercial cooler Frigidaire Average 23 Drum pump Average 24 Lobby/office furnishings Various Average 25 Manager's office Good 26 Line shack furniture Average 27 Line service equip wands/ear protect Average 28 Hand held line radio (5) Pro HT850 Average 29 Soda dspnsr & ice mach Average Plus various parts, attachments and appurtenances to the above -listed items. EXHIBIT "A" 51w- N ,hr 3,12 -All Departmental Correspondence RKANSAS Kit Williams City Attorney Jason B. Kelley Assistant City Attorney MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: JASON KELLEY, ASST. CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY TERRY GULLEY, TRANSPORTATION DIRECTOR RAY BOUDREAUX, AIRPORT MANAGER DATE: MARCH 12, 2013 RE: MILLION AIR TERMINATION/EQUIPMENT PURCHASE CONTRACT I would like to take this opportunity to advise you regarding the pending Million Air termination/equipment purchase contract. The contract provides a mechanism whereby the City will obtain needed equipment and fuel in inventory to conduct fixed -base operations at Drake Field on the date of termination of the FBO agreement with Million Air (March 15, 2013). In order for the City to have the ability to sell fuel for military aircraft after March 15, 2013, the termination agreement provides that Million Air, the current holder of the federal contract through the Defense Logistics Agency (DLA), will immediately name the City as its "fueling agent" with DLA for purposes of continuing fuel sales for military aircraft, until such time as the City makes its own agreement with DLA to provide the service. This process, called novation, is similar to a contract assignment, but technically would constitute a new agreement between DLA and the City. The proposed termination contract with Million Air calls for novation to be completed by December 31, 2013. Between execution of the termination contract with Million Air and novation of the DLA contract, the City is agreeing to pump fuel it has paid for into military aircraft and in turn receive payment from Million Air for the purchase price plus $0.47 per gallon. Million Air is agreeing to make payment to the City within forty-five (45) days of the date of fuel purchase. You should know that there is a risk Million Air will not make timely payment, or may not make payment at all, for fuel the City pumps into military aircraft. This is so particularly because failure to make timely payments to the City was the leading factor in deciding to terminate the Million Air FBO agreement. Based on my understanding, however, an agreement must be made in order to have fueling services for all aircraft available at Drake Field after March 15, 2013. In addition, by entering this agreement with Million Air, the City should have its own ability to sell military fuel based on the City's own agreement with DLA by the end of the year. This could be a financial benefit to the City for years to come. To incentivize Million Air to follow through on its obligations in the proposed termination agreement, a total of $12,500.00 of the total $57,500.00 due is being held back as a form of "retainage." If Million Air makes timely payments for military fuel purchases by DLA during the first ninety (90) days after execution of the termination agreement, $5,000.00 of "retainage" will be paid by the City to Million Air. If Million Air fails to make timely payments, the "retainage" will continue to be held by the City until novation of the DLA contract occurs. If novation of the DLA contract does not occur, which is another risk, the City would retain not only the $5,000.00 held due to untimely fuel payments, but also the final $7,500.00 due upon final novation as liquidated damages. Should Million Air make timely fuel payments to us, but fail to accomplish novation of the agreement by the end of 2013, the City would only retain the final $7,500.00 due as liquidated damages. In spite of the fact that there is some exposure to the City by entering this termination agreement, the consequences of failing to do so at this point and not having the ability to sell any fuel at the airport as of March 15, 2013, would appear to be a far greater concern. ceul+�.ex CONTRACT THIS AGREEMENT, made and entered into the day of , 2013, by and between the City of Fayetteville, Arkansas (hereinafter "Fayetteville") and REW Investments, Inc. with and through its wholly -owned subsidiaries Woolsey Aviation, Inc. and Go Fayetteville, LLC each dba Million Air Fayetteville (hereinafter "Million Air"), collectively the "Parties": WITNESSETH: That Million Air and Fayetteville, for the consideration hereinafter fully set out, hereby agree as follows: 1. Million Air states thaYha viat' n, Inc. and Go Fayetteville, LLC are wholly -owned subsidiaries of REW Ieach of which have done or currently do business as "Million Air Fayettevillhe undersigned authorized representative of Million Air has theauthority to, aes, bind REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, Lontract, with each of them being jointly and severally liable for the performance oas greed herein. 2. Million Air and Fayf'tteville agree that the list day of operation by Million Air pursuant to the current Fixed -Base Operation (FBO) agreement shall be March 15, 2013. By entering this Contract, Million Air and Fayetteville hereby agree and hereby do release each other from any further obligation under the existing FBO agreement and terminate the FBO agreement. 3. Million Air agrees, and hereby does, sell to Fayetteville the equipment listed and attached hereto as Exhibit "A", novation of a Defense Logistics Agency (DLA) fuel contract by December 31, 2013, all fuel currently remaining in Fayetteville's airport "fuel farm" and service trucks on the date of termination (March 15, 2013), all aircraft engine oil in inventory on the date of termination (March 15, 2013), and further agrees to pay Fayetteville for fuel currently stored by Million Air at Fayetteville's airport and pre -purchased by Fayetteville airport fuel customers. All property transferred to Fayetteville by Million Air shall be free and clear of any and all liens 1 or encumbrances of any kind. The rate of payment for fuel shall be the delivered price of fuel most recently purchased by Million Air for fuel delivered to Fayetteville's airport. Payment for aircraft engine oil shall be at the wholesale rate paid by Million Air. Payment for fuel and aircraft engine oil shall be in addition to any payment required pursuant to Section 7 of this Contract. 4. The Parties agree that Fayetteville will act as fueling agent for Million Air for purposes of the DLA contract. Million Air will take all steps necessary to designate Fayetteville as said fueling agent with the Defense Logistics Agency (DLA), through December 31, 2013. The Parties agree that, through December 31, 2013, Million Air will promote Fayetteville's airport as a training destination for military flights. The Parties agree that Fayetteville shall bill DLA for all fuel purchases pursuant to the DLA contract and that DLA shall make full payment of said bills to Million Air. Million Air shall then pay over to Fayetteville all amounts less and except the total of $0.47 per gallon of fuel sold. Payment for fuel by Million Air as required in this section shall be in addition to any payment required pursuant to Section 7 of this Contract. 5. Fayetteville agrees that it will make all reasonable efforts to hire as many qualified employees of Million Air currently stationed at Fayetteville's airport as are needed by Fayetteville for its own fixed -base operations. Fayetteville will follow all of its standard hiring practices, as well as all applicable provisions of local, state or federal law. The Parties agree that Fayetteville's agreement herein shall not be deemed to create third -party beneficiary rights for any current or future employee of Fayetteville, nor for any Fayetteville job applicant, nor for any employee of Million Air. 6. . Million Air agrees to allow Fayetteville's employees or agents the right to be physically present during Million Air's removal of any of its remaining equipment and/or furnishings at Fayetteville's airport, and further agrees to allow Fayetteville the right of access to spaces and facilities occupied by Million Air at Fayetteville's airport in order to accommodate Fayetteville's set up of telecommunications hardware, including, but not limited to telephone and/or data lines. N 7. Subject to credits, deductions and off -sets stated herein, Fayetteville agrees to pay and Million Air agrees to accept $80,000.00 to perform as agreed herein. The Parties acknowledge and agree that Million Air currently owes the sum of $45,000.00 to Fayetteville pursuant to the terms of the FBO agreement previously entered between Million Air and Fayetteville and that fifty percent (50%) of said sum owed shall be deducted by Fayetteville from the total $80,000.00 payment due Million Air pursuant to this Contract, leaving a total payment to Million Air by Fayetteville of $57,500.00. Said $57,500.00 owed shall be paid by Fayetteville to Million Air as follows: A. A payment of $45,000.00 within seven (7) days of execution of this Contract. B. A payment of $5,000.00 ninety (90) days after execution of this Contract, so long as Million Air has made timely payments to Fayetteville for fuel purchases pursuant to the DLA contract currently in place between Million Air and DLA and referenced in Section 4, above. If timely payments are not made during the ninety (90) days after execution of this Contract, this $5,000.00 payment shall be deferred and made only upon final novation (assignment) of the DLA fueling contract to Fayetteville. To be timely, payments to Fayetteville for fuel pursuant to this subsection must be made by Million Air within thirty (30) days of the date of the fuel purchase by DLA. C. A payment of $7,500.00 upon final novation (assignment) of the DLA fueling contract to Fayetteville, which shall occur on or before December 31, 2013. If final novation (assignment) of the DLA fueling contract to Fayetteville does not occur by such date, or if payments due for fuel purchases referenced in Section 7(B) are unpaid, all further payments due Million Air pursuant to this Contract shall be forfeited and considered liquidated damages. 8. Changes, modifications, or amendments to any of the terms of this Contract shall not be allowed without a prior formal contract amendment, approved by the Mayor. 9. Freedom of Information Act. Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If an Arkansas Freedom of Information Act request is presented to Fayetteville, Million Air will do 3 everything possible to provide the requested information in a prompt and timely manner as prescribed in the Act. Only legally authorized photocopying costs, pursuant to the Act may be assessed for this compliance. 10. Assignment. Neither of the Parties may assign this Contract, nor any interest herein, without written consent of the other party. 11. Integration. This Contract reflects the entire agreement of the Parties with regard to the subject matter herein stated. No other written or oral agreements between the Parties have been made. 12. Jurisdiction and Venue. The jurisdiction and venue for any dispute arising pursuant to this Contract shall be the Circuit Court of Washington County, Arkansas or the United States District Court for the Western District of Arkansas, Fayetteville Division, with Arkansas law applying to the case, without regard to conflicts of law principles. AGREED UPON AND EXECUTED BY AND BETWEEEN THE PARTIES ON THE DATE FIRST WRITTEN ABOVE. REW Investments, Inc. Woolsey Aviation, Inc. Go Fayetteville, LLC (collectively "Million Air") By: Roger Woolsey, President/CEO Authorized Agent to Bind All Entities Listed Attest: 4 City of Fayetteville, Arkansas BY: Lioneld Jordan, Mayor Attest: City Clerk/Treasurer CITY OF FAYETTEVILLE FAYETTEVILLE EXECUTIVE AIRPORT SCHEDULE OF MILLION AIR GSE 6-Feb-13 NO. ITEM/DESCRIP MODEL CONDITION 1 Tug '84 Harlan CT120 Unknown - runs 2 Tug Hammond ODV Needs repair 3 GPU Hobart 600 Average 4 GPU Hobart Diesel Needs repair - fuel leak 5 HD Towbar w/heads AFRO? Used no apparent defects 6 Towbars GA small (2) AERO? Used no apparent defects 7 Towbars GA hand (2) Used no apparent defects 8 Chocks Lg (27) Used no apparent defects 9 Chocks sm (6) Used no apparent defects 10 Road cones (30) Used no apparent defects 11 Ladders (5) generic 6' Used no apparent defects 12 Fueling Mats (3) Used no apparent defects 13 24V Battery Charger DSR Fair 14 Air compressor Fair to poor 15 Lav Cart Aerospecialties Needs repair - wheels 16 Luggage cart Good 17 De-ice trailer Homemade Unknown 18 Storage shelves (3) Chrome wire Used no apparent defects 19 Airband base station (2) icom - All Used no apparent defects 20 Ice machine Manitowoc Average 21 Upright freezer Average 22 Commercial cooler Frigidaire Average 23 Drum pump Average 24 Lobby/office furnishings Various Average 25 Manager's office Good 26 Line shack furniture Average 27 Line service equip wands/ear protect Average 28 Hand held line radio (5) Pro HT850 Average 29 Soda dspnsr & ice mach Average Plus various parts, attachments and appurtenances to the above -listed items. EXHIBIT "A" MAR 2 8 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPME16LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5571 Was inserted in the regular edition of Northwest Arkansas Times on: March 21, 2013 Publication Costs: $ 110.25 Karen Caler Subscribed and sworn to before me This .Z day of Am , 2013. &x'-, Notary Public My Commission Expires: 4 q **Do Not Pay from Affidavit** **Invoice will be sent** Ray M. Boudreaux Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ' N/A City Council Meeting Date Agenda Items Only Aviation Division Action Kequirea: Action Required: Signature of the Mayor on the Ammendment of Soli Logistics Agency Energy. Cost of this request Account Number Project Number Budgeted Item Category ! Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached C7 Transportation Department Contract with Defense Program Category 1 Project Name Program ! Project Category Name Airport Fund Name 71-2 y 4 Previous Ordinance or Resolution # Ord 5571 Date Original Contract Date: 3/12/2013 7 N~I 3, Original Contract Number: Date Q J a-, ti d-� 7- 14 -2013 _ Finance and Internal Services Director Date Received in City - 13 R 1 1 : 3 5 Clerk's Office C ief of alf Date Ella n<<0 �� Received in •� � r Mayor's Office M or Da -- I * Revised January 15, 2009 ayet,,,vale City Council Meeting of: NIA Agenda Item Number: AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: THRU: THRU: THRU: FROM: DATE: Mayor Jordan Chief of Staff StafUContract Review Committee Terry Gulley, Transportatioi Ray M. Boudreaux, Aviation July 15, 2013 SUBJECT: Signature of the Mayor on Modification of Contract Standard Form 30 transferring the fuel service contract from Million Air to the City of Fayetteville, the Novation Agreement. RECONIIViENDATION: Signature of the Mayor on the Standard Form 30 Modification of Contract as required by the DLA to complete the Novation of the fuel service contract to the City of Fayetteville. BACKGROUND: The DLA determined that a Novation of the Fuel Service contract held by Million Air to the City of Fayetteville was the appropriate way to transfer the agreement rather than wait until the end of the year as requested by Million Air. Million Air has agreed and we are prepared to accept the contract having passed the required inspections by DLA. The contract has been previously agreed to by the City Council in the transfer agreement between Million Air and the City of Fayetteville. This should be the final step in the Novation of this contract. BUDGET IMPACT: None. Attachments: Staff Review Modification of Contract Standard Form 30 4500 SOUTH SCHOOL AVENUE. SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718,7642.479.718,7646 FAX • www.accessfayetteville.org/govemmentlaviabon airport_economic_development@ci.fayetteville.ar.us AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 1 2 2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4, REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble) P00002 01/01/13 6. ISSUED BY CODE SP0600 7. ADMINISTERED BY (If other than Item 61 CODE SP0600 DEFENSE LOGISTICS AGENCY ENERGY DEFENSE LOGISTICS AGENCY ENERGY - FEPEB MOBILITY FUELS DIVISION (DLA ENERGY-FEPEB) ADMINISTRATOR: ALBERTO A. WILLIAMS JR. 8725 JOHN J KINGMAN ROAD, SUITE 3821 TEL: (703) 767-3281 FORT BELVOIR, VIRGINIA 22060-6222 P.P. 2.3S B. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICIATION NO. City of Fayetteville DUNS: 134398903 4500 South School Ave, Ste F PHONE: 479-718-7642 9B,DATED (SEE ITEM 11) Fayetteville, AR 72701-8016 1GA. MODIFICATION OF CONTRACTIORDER NO. SP0600-11-D-0086 X 1 OB. DATED {SEE ITEM 11) 03/04/11 CODE C879 FACILITY CODE 6G3K3 I I. I Ml1 p I I tM UNLY AYYLIrJ I U AMtNUMtN 1 ti Ut JULIUI I A I IUNS ❑ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ❑ is extended, ❑ is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: la)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPNRATION DATA pf required) 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: {Specify authority► THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 1 OA. B. THE ABOVE NUMBERED CONTRACTIOROER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES isuch as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.1031b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: X D. OTHER {Specify type of modification and authority] FAR 42.12 NOVATION AND CHANGE OF NAME AGREEMENT E. IMPORTANT: Contractor ❑ is not, 0 is required to sign this document and return 1 copies to the issuing office. 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) THIS MODIFICATION IS ISSUED TO EXECUTE NOVATION AGREEMENT AS SPECIFIED ON PAGE 2. Except as provided herein, all terms and conditions of the document referenced in Item 9A or I OA, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 116A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print] to NSN 7 540-01 -1 Previous edition Beverly Brown, Contracting Officer 15C. DATE SIGNED 116B. UNITED STATES OF AMERICA 116C. DATE SIGNED ISignature of Contracting Officer) STANDARD FORM 30 (REv.10-83) Prescribed by GSA FAR (48 CFRI 53.243 SP0600-11-D-0086 Page 2 of 2 a. LOCATION: KFYV — Fayetteville Executive Airport— Drake Field Fayetteville, Arkansas Pursuant to FAR 42.12 and a Novation Agreement duly executed by Go Fayetteville, L.L.C. dba Million Air Fayetteville (Transferor) and the City of Fayetteville (Transferee) and the United States Government represented by the Contracting Officer under this contract. The City of Fayetteville has been recognized as successor -in -interest under contract SP0600-11-D-0086. b. As a result of the mutual execution of the Novation Agreement, the transferee is designated as "Contractor" and assumes all responsibility for the terms and conditions contained in the above named contract as if the transferee were an original party of the contract. c. In accordance with the agreement, the above named contract is modified to delete the Contractor's (Transferor) name and address as it now appears therein and to substitute the successor Contractor's (Transferee) name and address as follows: Location: City of Fayetteville 4500 South School Ave Fayetteville, 72701-8024 Bidder Code: C879 Dun's Number: 134398903 Cage Code: 6G3K3 Tele: 479-4434343 Point of Contact: Mr. Ray Boudreaux d. DLA Energy Clause G9.07 Electronic Transfer of Funds Payments— Corporate Trade Exchange (DLA Energy JUL 2007) has been incorporated in accordance with Contractor's correspondence dated 17 July 2013. e. Quality Office: DLA Energy - Americas East Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883 Fax: (713)718-3891 f. The Novation Agreement was effective 16 March 2013 and mutually signed by all parties incorporated herein and made a material part of the contract. g. All other terms and conditions remain the same. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only Ray M. Boudreaux Aviation Submitted By Division Required: Review $ 12,500.00 $ 90,637.00 Cost of this request Category 1 Project Budget 5550,1504.00 $ 89,010.34 Account Number Funds Used to Date 51301 1 $ 1,626.66 Project Number Remaining Balance Budgeted Item 0 Budget Adjustment Attached Department D' for Date (;2� W/��-lam /.4 - Ci orney Date 9"', /,)— � Lk,&4 gervices &,/, /", Fin ce and internaf Director hief of St to •vim ��� Ot 6//� Major Dale DL AFL. a -IV Transportation Department FBO Capital Expenditures Program Category 1 Project Name 8 Aviation Program I Project Category Name Airport Fund Name Previous Ordinance or Resolution # 5571 Original Contract Date: 3/12/2013 Original Contract Number: 1 5 F'U I Received in City Clerk's Office Received in Mayors Office Revised January 15, 2009 1 0 %kkft aye ev City Council Meeting of: NIA Agenda Item Number: AVIATION DIVISION FAYETTEVILLE EXECUTIVE AIRPORT • DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THRU: Chief of Staff AgV-- THRU: Staff/Contract Review Committee THRU: Terry Gulley, Transportation Director FROM: Ray M. Boudreaux, Aviation Di ctor DATE: June 24, 2013 SUBJECT: Approve the Novation (transfer) Agreement of the DLA fuel service contract from Million Air to the City. Signature of the Mayor. RECOMMENDATION: Approve the Novation Agreement by and between the City of Fayetteville, Million Air and the DLA to transfer the Defense Logistics Agency Energy Contract for support of military and government aircraft. The Contract allows for the service of Military and government aircraft with fuel and oil at the negotiated price. Signature of the Mayor. BACKGROUND: Part of the agreement with Million Air to terminate their contract with the City included the transfer of the DLA contract. The contract, previously signed by the Mayor and Million Air allowed that the transfer would take place prior to the end of the calendar year. Prior to the transfer, all sales were to be processed by Million Air and then the sales price paid to the City less $.47, or one half of the margin. To process the sale the DLA had to certify the City in writing to provide the service by awarding an "into wing" status. While pursuing the into wing status, the DLA determined that the best alternative was to transfer the contract now rather than to wait until the end of the year. We are holding the DLA contract sales since March 16, 2013 awaiting the into wing status or the Novation Agreement. BUDGET IMPACT: There is no budget impact. This agreement will allow the City to process the sales through our contract with AVFUEL and receive payment direct to the City from the DLA. We will then pay to Million Air the $.47 per gallon share of the margin through the end of this year. This split was negotiated to 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 •479.718.7646 FAX • www.accessfayetteville.org/govemmenUaviafion airport—eoonomic—development@ci.fayefteville.ar.us compensate Million Air for continued promotion of Drake Field as a place to stop and refuel. Attachments: Staff Review Novation Agreement DLA Energy Contract and award letter Ordinance No. 5571 w/ attachments 4500 SOUTH SCHOOL AVENUE, SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 • 479.718.7646 FAX • vwvw,accessfayetteville.org/govemmenUaviabon airport—economic—development@ci-fayettevilte.ar.us Novation Agreement Go Fayetteville, L.L.C. dba Million Air Fayetteville (Transferor), a corporation duly organized and existing under the laws of Texas with its principal office in Houston; the City of Fayetteville (Transferee), a municipal corporation duly organized and existing under the laws of Arkansas with its principal office in Fayetteville and the United States of America (Government) enter into this Agreement as of 16 March, 2013. (a) The parties agree to the following facts: (1) The Government, represented by various Contracting Officers of the Defense Logistics Agency Energy, has entered into certain contracts with the Transferor, namely: Contract Number SP0600-11-D-0086. The term "the contracts," as used in this Agreement, means the above contract and purchase order and all other contracts and purchase orders, including all modifications, made between the Government and the Transferor before the effective date of this Agreement (whether or not performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under these contracts and purchase orders). Included in the term "the contracts" are also all modifications made under the terms and conditions of these contracts and purchase orders between the Government and the Transferee, on or after the effective date of this Agreement. (2) As of 16 March, 2013, the Transferor has transferred to the Transferee all the assets of the Transferor by virtue of a Contract between the Transferor and the Transferee. (3) The Transferee has acquired all the assets of the Transferor by virtue of the above transfer. (4) The Transferee has assumed all obligations and liabilities of the Transferor under the contracts by virtue of the above transfer. (5) The Transferee is in a position to fully perform all obligations that may exist under the contracts. (6) It is consistent with the Government's interest to recognize the Transferee as the successor party to the contracts. (7) Evidence of the above transfer has been filed with the Government. (b) In consideration of these facts, the parties agree that by this Agreement — (1) The Transferor confirms the transfer to the Transferee, and waives any claims and rights against the Government that it now has or may have in the future in connection with the contracts. (2) The Transferee agrees to be bound by and to perform each contract in accordance with the conditions contained in the contracts. The Transferee also assumes all obligations and liabilities of, and all claims against, the Transferor under the contracts as if the Transferee were the original party to the contracts. (3) The Transferee ratifies all previous actions taken by the Transferor with respect to the contracts, with the same force and effect as if the action had been taken by the Transferee. (4) The Government recognizes the Transferee as the Transferor's successor in interest in and to the contracts. The Transferee by this Agreement becomes entitled to all rights, titles, and interests of the Transferor in and to the contracts as if the Transferee were the original party to the contracts. Following the effective date of this Agreement, the term "Contractor," as used in the contracts, shall refer to the Transferee. (5) Except as expressly provided in this Agreement, nothing in it shall be construed as a waiver of any rights of the Government against the Transferor. (6) All payments and reimbursements previously made by the Government to the Transferor, and all other previous actions taken by the Government under the contracts, shall be considered to have discharged those parts of the Government's obligations under the contracts. All payments and reimbursements made by the Government after the date of this Agreement in the name of or to the Transferor shall have the same force and effect as if made to the Transferee, and shall constitute a complete discharge of the Government's obligations under the contracts, to the extent of the amounts paid or reimbursed. (7) The Transferor and the Transferee agree that the Government is not obligated to pay or reimburse either of them for, or otherwise give effect to, any costs, taxes, or other expenses, or any related increases, directly or indirectly arising out of or resulting from the transfer or this Agreement, other than those that the Government in the absence of this transfer or Agreement would have been obligated to pay or reimburse under the terms of the contracts. (8) The Transferor guarantees payment of all liabilities and the performance of all obligations that the Transferee -- (i) Assumes under this Agreement; or (H) May undertake in the future should these contracts be modified under their terms and conditions. The Transferor waives notice of, and consents to, any such future modifications. (9) The contracts shall remain in full force and effect, except as modified by this Agreement. Each party has executed this Agreement as of the day and year first above written. Go Faye vil C. dba Millio yetteville, By Title' [Corporate Sean City of F tteville, n s, BY Title [Corporate Seal 616 ifr Ito " uLC r J CERTIFICATE I,�rrtrt--,Y, certify that I am the Secretary of Go Fayetteville, L.L.C. dba Millio Air Fayette ille; that _T. T, who signed this Agreement for this corporation, was then l Pthis corporation; and that this Agreement was duly signed for and oH behalf of this corporation by authority of its governing body and within the scope offcorporate powers. Witness my hand end # I of this corporate n�s day of�taE- 20 By [Corpbr CERTIFICATE --7 CV� U114-7-11146`' , I, , certify that I am the SeewbW of the City of Fayetteville, Arkansas; that n [u.. bimpwho signed this Agreement for this corporation, was then of this corporation; and that this Agreement was duly signed for and on he"half of this corporation by authority of its governing body and within the scope of its corporate powers. Witness my hand and the seal Byhis co�r,#,ifl�this d qy of a'i- 2013 • FAYETTEV1LLZ m- 5 $ i,,G',0 Nti GQ%��� ORDINANCE NO.5571 AN ORDINANCE WAIVING THE REQUIREMENTS 'OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $57,500.00, PLUS APPLICABLE PER GALLON FUEL COSTS, WITH REW INVESTMENTS, INC., WOOLSEY AVIATION, INC. AND GO FAYETTEVILLE, LLC (COLLECTIVELY MILLION AIR FAYETTEVILLE) FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES NECESSARY TO EFFECTUATE THE CITY'S TAKEOVER OF AIRPORT FIXED -BASE OPERATIONS WHEREAS, the City has determined to terminate its agreement with Million Air, the current Fixed Base Operator (FBO) for the Fayetteville Executive Airport; and WHEREAS, continued FBO services on and after March 15, 2013, including the provision of aviation fuel and appropriate equipment to dispense and store such fuel, are required for the functioning of the Airport; and WHEREAS, the equipment and supplies needed by the City is currently owned by Million Air Fayetteville and is on -site at the airport, and, further, the City has insufficient time to competitively bid necessary equipment and supplies in order to conduct FBO services by March 15, 2013; and WHEREAS, an orderly transition of FBO services from Million Air Fayetteville to the City will provide and opportunity for the City to retain a Defense Logistics Agency (DLA) fueling contract, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: E 1 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines _ an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $57,500.00, plus applicable per gallon fuel costs, with REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC (collectively Million Air Fayetteville), marked as Exhibit "A" attached hereto and made a part hereof, for the purchase of airport equipment and supplies necessary to effectuate the City's takeover of Airport fixed -base operations. Page 2 Ordinance No. 5571 PASSED and APPROVED this I day of March, 2013. APPROVED: ATTEST: ii��14 By: LISA BRANSON, Deputy City Clerk �µ»si�rrrr T pe IY•••gS�'� FAYETTEVILLE --�'_ � ;NG W `IIIIiIII,; ,`��� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Special Meeting 3/12/13 City Council Meeting Date Agenda Items Only i Ray M. Boudreaux Aviation Transportation i Submitted By Division Department $ 57,500.00 $ 98,437.00 FBO Capital Expenditures Cost of this request Category / Project Budget Program Category / Project Name VARIOUS $ - 2013 Trk Other Account Number Funds Used to Date Program / Project Category Name 51301 1 $ 98,437.00 Airport Project Number Remaining Balance Fund Name Budgeted Item 1� Budget Adjustment Attached Q Previous Ordinance or Resolution # 28-13 Date Original Contract Date: �/' /• Original Contract Humber: Date Ua-- 4..9,,.. 3-11-zor3 Finance and Internal Services Director Date Received in City ✓� .E01 Clerk's Office 3-j1-13 Date 1=NiEItED Received in ` Mayors Office to Comments: Cost of this request does not include the cost of fuel and oil Inventory to be purchased from Million Air. Revised January 15, 2009 City Council Meeting of. SPECIAL MEETING Agenda Item Number: OVI 17aye q1. T lile AVIATION DIVISION A R K A N S A S FAYETTEVILLE EXECUTIVE AIRPORT ■ DRAKE FIELD CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO TO: Mayor Jordan THR.U: Chief of Staff THRU: Staff/Contract Review Committee �/ THRU: Terry Gulley, Transportation Director—Y FROM: Ray M. Boudreaux, Aviation 14 ector DATE: March 11, 2013 SUBJECT: Approve the Termination Agreement with Woolsey Aviation, Inc. (dba: Million Air, Fayetteville and Go Fayetteville LLC) and payments for equipment and inventory. Signature of the Mayor and City Clerk. RECOMMENDATION: Approve the Termination Agreement between the City of Fayetteville and Woolsey Aviation, Inc. (dba Million Air, Fayetteville and Go Fayetteville, LLC.) Authorize payment for the equipment and the Novation of the Contract with Defense Logistics Agency for sales to US Government aircraft in the total amount of $57,500.00 and the purchase of fuel and oil inventory in an amount determined on the last day of the Million Air operation at the wholesale price paid when delivered to Drake Field. Signature of the Mayor and the City Clerk on the Agreement. BACKGROUND: The City Council has approved the termination of the contract with Million Air, Fayetteville (Woolsey Aviation, Inc. and Go Fayetteville, LLC) and the budget for the City to operate the FBO in house. The City will purchase the Ground Support Equipment (GSE) needed to operate the FBO from Million Air and the DLA Contract for service to US Government Aircraft from Million Air. On the final day of operation, inventory of product for sale will be accomplished and the City will purchase, at cost, the inventory remaining in the bulk fuel storage facility (Fuel Farm) and engine oil in inventory in the FBO. This item approves the expenditures. BUDGET IMPACT: The total to be paid to Million Air for the equipment and the DLA contract novation is $57,500.00, the amount negotiated, and will be expensed from the budget approved by the City Council for the FBO. Inventory payment will be expensed from the FBO budget in the amount remaining in the inventory on the last day of the contract. Attachments: Staff Review Termination Agreement 45W SOUTH SCHOOL AVENUE. SUITE F • AIRPORT TERMINAL BUILDING • FAYETTEVILLE AR 72701 479.718.7642 - 479.718.7646 FAX • www.accessfayetteville.org/govemment/aviaton airportecortomic_dovelopment@ci.fayetteville.ar.us ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT IN THE AMOUNT OF $57,500.00, PLUS APPLICABLE PER GALLON FUEL COSTS, WITH REW INVESTMENTS, INC., WOOLSEY AVIATION, INC. AND GO FAYETTEVILLE, LLC (COLLECTIVELY MILLION AIR FAYETTEVILLE) FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES NECESSARY TO EFFECTUATE THE CITY'S TAKEOVER OF AIRPORT FIXED -BASE OPERATIONS WHEREAS, the City has determined to terminate its agreement with Million Air, the current Fixed Base Operator (FBO) for the Fayetteville Executive Airport; and WHEREAS, continued FBO services on and after March 15, 2013, including the provision of aviation fuel and appropriate equipment to dispense and store such fuel, are required for the functioning of the Airport; and WHEREAS, the equipment and supplies needed by the City is currently owned by Million Air Fayetteville and is on -site at the airport, and, further, the City has insufficient time to competitively bid necessary equipment and supplies in order to conduct FBO services by March 15, 2013; and WHEREAS, an orderly transition of FBO services from Million Air Fayetteville to the City will provide and opportunity for the City to retain a Defense Logistics Agency (DLA) fueling contract, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract in the amount of $57,500.00, plus applicable per gallon fuel costs, with REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC (collectively Million Air Fayetteville), marked as Exhibit "A" attached hereto and made a part hereof, for the purchase of airport equipment and supplies necessary to effectuate the City's takeover of Airport fixed -base operations. PASSED and APPROVED this 120' day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer CONTRACT THIS AGREEMENT, made and entered into the day of 1114[L.C, H 2O13, by and between the City of Fayetteville, Arkansas (hereinafter "Fayetteville") and REW Investments, Inc. with and through its wholly -owned subsidiaries Woolsey Aviation, Inc. and Go Fayetteville, LLC each dba Million Air Fayetteville (hereinafter "Million Air"), collectively the "Parties": WITNESSETH: That Million Air and Fayetteville, for the consideration hereinafter fully set out, hereby agree as follows: I. Million Air states that Woolsey Aviation, Inc. and Go Fayetteville, LLC are wholly -owned subsidiaries of REW Investments, Inc. each of which have done or currently do business as "Million Air Fayetteville", and that the undersigned authorized representative of Million Air has the authority to, and hereby does, bind REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC to this Contract, with each of them being jointly and severally liable for the performance of Million Air as agreed herein. 2. Million Air and Fayetteville agree that the last day of operation by Million Air pursuant to the current Fixed -Base Operation (FBO) agreement shall be March 15, 2013. By entering this Contract, Million Air and Fayetteville hereby agree and hereby do release each other from any further obligation under the existing FBO agreement and terminate the FBO agreement. 3. Million Air agrees, and hereby does, sell to Fayetteville the equipment listed and attached hereto as Exhibit "A", novation of a Defense Logistics Agency (DLA) fuel contract by December 31, 2013, all fuel currently remaining in Fayetteville's airport "fuel farm" and service trucks on the date of termination (March 15, 2013), all aircraft engine oil in inventory on the date of termination (March 15, 2013), and further agrees to pay Fayetteville for fuel currently stored by Million Air at Fayetteville's airport and pre -purchased by Fayetteville airport fuel customers. All property transferred to Fayetteville by Million Air shall be free and clear of any and all Iiens or encumbrances of any kind. The rate of payment for fuel shall be the delivered price of fuel EXHIBIT 1 a a most recently purchased by Million Air for fuel delivered to Fayetteville's airport. Payment for aircraft engine oil shall be at the wholesale rate paid by Million Air. Payment for fuel and aircraft engine oil shall be in addition to any payment required pursuant to Section 7 of this Contract. 4. The Parties agree that Fayetteville will act as fueling agent for Million Air for purposes of the DLA contract. Million Air will take all steps necessary to designate Fayetteville as said fueling agent with the Defense Logistics Agency (DLA), through December 31, 2013. Million Air will make said designation known to DLA immediately upon execution of this Contract, if it has not already done so. The Parties agree that, through December 31, 2013, Million Air will promote Fayetteville's airport as a training destination for military flights. The Parties agree that Million Air shall bill DLA for all fuel purchases pursuant to the DLA contract and that DLA shall make full payment of said bills to Million Air. Million Air shall then pay over to Fayetteville all amounts less and except the total of $0.47 per gallon of fuel sold. Payment for fuel by Million Air as required in this section shall be in addition to any payment required pursuant to Section 7 of this Contract. 5. Fayetteville agrees that it will make all reasonable efforts to hire as many qualified employees of Million Air currently stationed at Fayetteville's airport as are needed by Fayetteville for its own fixed -base operations. Fayetteville will follow all of its standard hiring practices, as well as all applicable provisions of local, state or federal law. The Parties agree that Fayetteville's agreement herein shall not be deemed to create third -party beneficiary rights for any current or future employee of Fayetteville, nor for any Fayetteville job applicant, nor for any ' employee of Million Air. 6. Million Air agrees to allow Fayetteville's employees or agents the right to be physically present during Million Air's removal of any of its remaining equipment and/or furnishings at Fayetteville's airport, and further agrees to allow Fayetteville the right of access to spaces and facilities occupied by Million Air at Fayetteville's airport in order to accommodate Fayetteville's set up of telecommunications hardware, including, but not limited to telephone and/or data lines. N 7. Subject to credits, deductions and off -sets stated herein, Fayetteville agrees to pay and Million Air agrees to accept $80,000.00 to perform as agreed herein. The Parties acknowledge and agree that Million Air currently owes the sum of $45,000.00 to Fayetteville pursuant to the terms of the FBO agreement previously entered between Million Air and Fayetteville and that fifty percent (50%) of said sum owed shall be deducted by Fayetteville from the total $80,000.00 payment due Million Air pursuant to this Contract, leaving a total payment to Million Air by Fayetteville of $57,500.00. The remaining fifty percent (50%) owed by Million Air to Fayetteville pursuant to the terms of the FBO agreement is forgiven. Said $57,500.00 owed shall be paid by Fayetteville to Million Air as follows: A. A payment of $45,000.00 within seven (7) days of execution of this Contract. B. A payment of $5,000.00 ninety (90) days after execution of this Contract, so long as Million Air has made timely payments to Fayetteville for fuel purchases pursuant to the DLA contract currently in place between Million Air and DLA and referenced in Section 4, above. If timely payments are not made during the ninety (90) days after execution of this Contract, this $5,000.00 payment shall be deferred and made only upon final novation (assignment) of the DLA fueling contract to Fayetteville. To be timely, payments to Fayetteville for fuel pursuant to this subsection must be made by Million Air within forty-five (45) days of the date of the fuel purchase by DLA. C. A payment of $7,500.00 upon final novation (assignment) of the DLA fueling contract to Fayetteville, which shall occur on or before December 31, 2013. If final novation (assignment) of the DLA fueling contract to Fayetteville does not occur by such date, or if payments due for fuel purchases referenced in Section 7(B) are unpaid, all further payments due Million Air pursuant to this Contract shall be forfeited and considered liquidated damages. 8. Changes, modifications, or amendments to any of the terms of this Contract shall not be allowed without a prior formal contract amendment, approved by the Mayor. 3 �v, 9. Freedom of Information Act. Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If an Arkansas Freedom of Information Act request is presented to Fayetteville, Million Air will do everything possible to provide the requested information in a prompt and timely manner as prescribed in the Act. Only legally authorized photocopying costs, pursuant to the Act may be assessed for this compliance. 10. Assignment. Neither of the Parties may assign this Contract, nor any interest herein, without written consent of the other party. 11. Integration. This Contract reflects the entire agreement of the Parties with regard to the subject matter herein stated. No other written or oral agreements between the Parties have been made. 12. Jurisdiction and Venue. The jurisdiction and venue for any dispute arising pursuant to this Contract shall be the Circuit Court of Washington County, Arkansas or the United States District Court for the Western District of Arkansas, Fayetteville Division, with Arkansas law applying to the case, without regard to conflicts of law principles. AGREED UPON AND EXECUTED BY AND BETWEEN THE PARTIES ON THE DATE FIRST WRITTEN ABOVE. i f REW Investments, Inc. City.of Fayetteville, Arkansas Woolsey Aviation, Inc. Go Fayetteville, LLC (collectively "Nfi.11ion Air") By: By: Roger Wo ey, President/CEO Lioneld Jordan, M o Authorized Agent to Bind All Entities Listed Attest: /e. Attest: City Clerk/Treasurer N�� .''o-f Y a ^U; FAYETi"EVILLE:'_ 4 ����/�G i 0 Ny ��N ���� CITY OF FAYETTEVILLE FAYETTEVILLE EXECUTIVE AIRPORT SCHEDULE OF MILLION AIR GSE 6-Feb-13 NO. ITEM/DESCRIP MODEL CONDITION 1 Tug '84 Harlan CT120 Unknown - runs 2 Tug Hammond ODV Needs repair 3 GPU Hobart 600 Average 4 GPU Hobart Diesel Needs repair - fuel leak 5 HD Towbar wlheads AERO? Used no apparent defects 6 Towbars GA small (2) AERO? Used no apparent defects 7 Towbars GA hand (2) Used no apparent defects 8 Chocks Lg (27) Used no apparent defects 9 Chocks sm (6) Used no apparent defects 10 Road cones (30) Used no apparent defects 11 Ladders (5) generic 6' Used no apparent defects 12 Fueling Mats (3) Used no apparent defects 13 24V Battery Charger DSR Fair 14 Air compressor Fair to poor 15 Lav Cart Aerospecialbes Needs repair - wheels 16 Luggage cart Good 17 De-ice trailer Homemade Unknown 18 Storage shelves (3) Chrome wire Used no apparent defects 19 Airband base station (2) !coin - All Used no apparent defects 20 Ice machine Manitowoc Average 21 Upright freezer Average 22 Commercial cooler Frigidaire Average 23 Drum pump Average 24 Lobby/office furnishings Various Average 25 Manager's office Good 26 Line shack furniture Average 27 Line service equip wandstear protect Average 28 Hand held line radio (5) Pro HT850 Average 29 Soda dspnsr & ice mach Average Plus various parts, attachments and appurtenances to the above4isted items. EXHIBIT "A" r'� IT 1 e Departmental Correspondence RKANSAS Kit Williams City Attorney Jason B. Kelley Assistant City Attorney MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: JASON KELLEY, ASST. CITY ATTORNEY CC: KIT WILLIAMS, CITY ATTORNEY TERRY GULLEY, TRANSPORTATION DIRECTOR RAY BOUDREAUX, AIRPORT MANAGER DATE: MARCH 12, 2013 RE: MILLION AIR TERMINATION/EQUIPMENT PURCHASE CONTRACT I would like to take this opportunity to advise you regarding the pending Million Air termination/equipment purchase contract. The contract provides a mechanism whereby the City will obtain needed equipment and fuel in inventory to conduct fixed -base operations at Drake Field on the date of termination of the FBO agreement with Million Air (March 15, 2013). In order for the City to have the ability to sell fuel for military aircraft after March 15, 2013, the termination agreement provides that Million Air, the current holder of the federal contract through the Defense Logistics Agency (DLA), will immediately name the City as its "fueling agent" with DLA for purposes of continuing fuel sales for military aircraft, until such time as the City makes its own agreement with DLA to provide the service. This process, called novation, is similar to a contract assignment, but technically would constitute a new agreement between DLA and the City. The proposed termination contract with Million Air calls for novation to be completed by December 31, 2013. Between execution of the termination contract with Million Air and novation of the DLA contract, the City is agreeing to pump fuel it has paid for into military aircraft and in turn receive payment from Million Air for the purchase price plus $0.47 per gallon. Million Air is agreeing to make payment to the City within forty-five (45) days of the date of fuel purchase. You should know that there is a risk Million Air will not make timely payment, or may not make payment at all; for fuel the City pumps into military aircraft. This is so particularly because failure to make timely payments to the City was the leading factor in deciding to terminate the Million Air FBO agreement. Based on my understanding, however, an agreement must be made in order to have fueling services for all aircraft available at Drake Field after March 15, 2013. In addition, by entering this agreement with Million Air, the City should have its own ability to sell military fuel based on the City's own agreement with DLA by the end of the year. This could be a financial benefit to the City for years to come. To incentiviae Million Air to follow through on its obligations in the proposed termination agreement, a total of $12,500.00 of the total $57,500.00 due is being held back as a form of "retainage." If Million Air makes timely payments for military fuel purchases by DLA during the first ninety (90) days after execution of the termination agreement, $5,000.00 of "retainage" will be paid by the City to Million Air. If Million Air fails to make timely payments, the "retainage" will continue to be held by the City until novation of the DLA contract occurs. If novation of the DLA contract does not occur, which is another risk, the City would retain not only the $5,000.00 held due to untimely fuel payments, but also the final $7,500.00 due upon final novation as liquidated damages. Should Million Air make timely fuel payments to us, but fail to accomplish novation of the agreement by the end of 2013, the City would only retain the final $7,500.00 due as liquidated damages. In spite of the fact that there is some exposure to the City by entering this termination agreement, the consequences of failing to do so at this point and not having the ability to sell any fuel at the airport as of March 15, 2013, would appear to be a far greater concern. CONTRACT THIS AGREEMENT, made and entered into the day of 2013, by and between the City of Fayetteville, Arkansas (hereinafter "Fayetteville") and REW Investments, Inc. with and through its wholly -owned subsidiaries Woolsey Aviation, Inc. and Go Fayetteville, LLC each dba Million Air Fayetteville (hereinafter "Million Air"), collectively the "Parties": WITNESSETH: That Million Air and Fayetteville, for the consideration hereinafter fully set out, hereby agree as follows- 1. Million Air states thaVtments, a ' n, Inc. and Go Fayetteville, LLC are wholly -owned subsidiaries of REW Ieach of which have done or currently do business as "Million Air Fayettevillundersigned authorized representative of Million Air has the authority to, a, bind REW Investments, Inc., Woolsey Aviation, Inc. and Go Fayetteville, LLC t this ontract, with each of them being jointly and severally liable for the performance of lion Air as greed herein. 2. Million Air and Fay/tteville agree that the'last day of operation by Million Air pursuant to the current Fixed -Base Operation (FBO) agreement shall be March 15, 2013. By entering this Contract, Million Air and Fayetteville hereby agree and hereby do release each other from any further obligation under the existing FBO agreement and terminate the FBO agreement. 3. Million Air agrees, and hereby does, sell to Fayetteville the equipment listed and attached hereto as Exhibit "A", novation of a Defense Logistics Agency (DLA) fuel contract by December 31, 2013, all fuel currently remaining in Fayetteville's airport "fuel farm" and service trucks on the date of termination (March 15, 2013), all aircraft engine oil in inventory on the date of termination (March 15, 2013), and further agrees to pay Fayetteville for fuel currently stored by Million Air at Fayetteville's airport and pre -purchased by Fayetteville airport fuel customers. All property transferred to Fayetteville by Million Air shall be free and clear of any and all liens 1 or encumbrances of any .kind. The rate of payment for fuel shall be the delivered price of fuel most recently purchased by Million Air for fuel delivered to Fayetteville's airport. Payment for aircraft engine oil shall be at the wholesale rate paid by Million Air. Payment for fuel and aircraft engine oil shall be in addition to any payment required pursuant to Section 7 of this Contract. 4. The Parties agree that Fayetteville will act as fueling agent for Million Air for purposes of the DLA contract. Million Air will take all steps necessary to designate Fayetteville as said fueling agent with the Defense Logistics Agency (DLA), through December 31, 2013. The Parties agree that, through December 31, 2013, Million Air will promote Fayetteville's airport as a training destination for military flights. The Parties agree that Fayetteville shall bill DLA for all fuel purchases pursuant to the DLA contract and that DLA shall make full payment of said bills to Million Air. Million Air shall then pay over to Fayetteville all amounts less and except the total of $0.47 per gallon of fuel sold. Payment for fuel by Million Air as required in this section shall be in addition to any payment required pursuant to Section 7 of this Contract. 5. Fayetteville agrees that it will make all reasonable efforts to hire as many qualified employees of Million Air currently stationed at Fayetteville's airport as are needed by Fayetteville for its own fixed -base operations. Fayetteville will follow all of its standard hiring practices, as well as all applicable provisions of local, state or federal law. The Parties agree that Fayetteville's agreement herein shall not be deemed to create third -party beneficiary rights for any current or future employee of Fayetteville, nor for any Fayetteville job applicant, nor for any employee of Million Air. 6. . Million Air agrees to allow Fayetteville's employees or agents the right to be physically present during Million Air's removal of any of its remaining equipment and/or furnishings at Fayetteville's airport, and further agrees to allow Fayetteville the right of access to spaces and facilities occupied by Million Air at Fayetteville's airport in order to accommodate Fayetteville'.s set up of telecommunications hardware, including, but not limited to telephone and/or data lines. 2 7. Subject to credits, deductions and off -sets stated herein, Fayetteville agrees to pay and Million Air agrees to accept $80,000.00 to perform as agreed herein. The Parties acknowledge and agree that Million Air currently owes the sum of $45,000.00 to Fayetteville pursuant to the terms of the FBO agreement previously entered between Million Air and Fayetteville and that fifty percent (50%) of said sum owed shall be deducted by Fayetteville from the total $80,000.00 payment due Million Air pursuant to this Contract, leaving a total payment to Million Air by Fayetteville of $57,500.00. Said $57,500.00 owed shall be paid by Fayetteville to Million Air as follows: A. A payment of $45,000.00 within seven (7) days of execution of this Contract. B. A payment of $5,000.00 ninety (90) days after execution of this Contract, so long as Million Air has made timely payments to Fayetteville for fuel purchases pursuant to the DLA contract currently in place between Million Air and DLA and referenced in Section 4, above. If timely payments are not made during the ninety (90) days after execution of this Contract, this $5,000.00 payment shall be deferred and made only upon final novation (assignment) of the DLA fueling contract to Fayetteville. To be timely, payments to Fayetteville for fuel pursuant to this subsection must be made by Million Air within thirty (30) days of the date of the fuel purchase by DLA. C. A payment of $7,500.00 upon final novation (assignment) of the DLA fueling contract to Fayetteville, which shall occur on or before December 31, 2013. If final novation (assignment) of the DLA fueling contract to Fayetteville does not occur by such date, or if payments due for fuel purchases referenced in Section 7(B) are unpaid, all further payments due Million Air pursuant to this Contract shall be forfeited and considered liquidated damages. 8. Changes, modifications, or amendments to any of the terms of this Contract shall not be allowed without a prior formal contract amendment, approved by the Mayor. 9. Freedom of Information Act. Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If an Arkansas Freedom of Information Act request is presented to Fayetteville, Million Air will do 3 everything possible to provide the requested information in a prompt and timely manner as prescribed in the Act. Only legally authorized photocopying costs, pursuant to the Act may be assessed for this compliance. 10. Assignment. Neither of the Parties may assign this Contract, nor any interest herein, without written consent of the other party. 11. Integration. This Contract reflects the entire agreement of the Parties with regard to the subject matter herein stated. No other written or oral agreements between the Parties have been made. 12. Jurisdiction and Venue. The jurisdiction and venue for any dispute arising pursuant to this Contract shall be the Circuit Court of Washington County, Arkansas or the United States District Court for the Western District of Arkansas, Fayetteville Division, with Arkansas law applying to the case, without regard to conflicts of law principles. AGREED UPON AND EXECUTED BY AND BETWEEEN THE PARTIES ON THE DATE FIRST WRITTEN ABOVE. REW Investments, Inc. Woolsey Aviation, Inc. Go Fayetteville, LLC (collectively "Million Air") By: Roger Woolsey, President/CEO Authorized Agent to Bind All Entities Listed Attest: 4 City of Fayetteville, Arkansas Bv: Lioneld Jordan, Mayor Attest: City Clerk/Treasurer 01 CITY OF FAYETTEVILLE FAYETTEVILLE EXECUTIVE AIRPORT SCHEDULE OF MILLION AIR GSE 6-Feb-13 NO. ITEMIDESCRIP MODEL CONDITION 1 Tug '84 Harlan CT120 Unknown - runs 2 Tug Hammond ODV Needs repair 3 GPU Hobart 600 Average 4 GPU Hobart Diesel Needs repair - fuel leak 5 HD Towbar wmeads AFRO? Used no apparent defects 6 Towbars GA small (2) AERO? Used no apparent detects 7 Towbars GA hand (2) Used no apparent defects 8 Chocks Lg (27) Used no apparent defects 9 Chocks sm (6) Used no apparent defects 10 Road cones (30) Used no apparent defects 11 Ladders (5) generic 6' Used no apparent defects 12 fueling Mats (3) Used no apparent defects 13 24V Battery Charger DSR Fair 14 Air compressor Fair to poor 15 Lav Cart Aerospecialties Needs repair - wheels 16 Luggage cart Good 17 De-ice trailer Homemade Unknown 18 Storage shelves (3) Chrome wire Used no apparent defects 19 Airband base station (2) loom - A110 Used no apparent defects 20 Ice machine Manitowoc Average 21 Upright freezer Average 22 Commercial cooler Frigidaire Average- 23 Drum pump Average 24 Lobbytoffice furnishings Various Average 25 Manager's office Good 26 Line shack furniture Average 27 Line service equip wands/ear protect Average 28 Hand held line radio (5) Pro HT850 Average 29 Soda dspnsr & ice mach Average Plus various parts, attachments and appurtenances to the above -listed items. EXHIBIT A' DEFENSE LOGISTICS AGENCY DEFENSE LOGISTICS AGENCY ENERGY 8725 JOHN J. KINGMAN ROAD, SUITE 4550 FORT BELVOIR. "RGINIA 22060-6222 IN REPLY REFER TO DLA Energy Mr. Roger Woolsey LIAR 0 4 2011 President/CE0 Go Fayetteville L.L.C. dba Million Air Fayetteville 4500 South School Ave. STEM Fayetteville, AR 72701-8024 'relephone: (479) 443-4343 Fax, (866) 289-4921 Dear Mr. Woolsey: Congratulations on your recent award of the Defense Logistics Agency Energy (DLA Energy) Contract SP0600-11-D-0086 which calls for Mobility Fuels deliveries at location KFYV, Go Fayetteville L.L.C. dba Million Air Fayetteville, Arkansas for 307,500 gallons of jet A w/FSI1, for the performance period of 1 April 2011 through 31 March 2015 (Enclosure). We look forward to a mutually rewarding relationship. Please retain a copy of the Solicitation and subsequent Amendments as this is incorporated into your contract and all requirements contained therein should be followed. These documents can be obtained at FedBizOpps.Gov, https://www.fbo.gov/. In case you do not have Internet access, please give me a call and I would be happy to forward you a copy. A representative from Multi -Service Air Card will contact you for new installation or updated coding for an existing Point of Sale Reader (POS). Again, congratulations on the award of your contract. If we may be of any help during the life of the contract, please contact your Contract Administrator, Mr. Alberto Williams at telephone`3?t�,f328/Fax 703-767-8506 or via einaiI alberto.williams@dla.mil. — 31%1 70--767-3:$1 t. 61 �{ rip R 1]ECCA R. TON Y Contracting Offic Mobility Fuels Division Direct Delivery Fuels Defense Logistics Agency -Energy SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SP060D-10-0015 3 2. CONTRACT NO. 3. AWARDIEFFECiIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 8. SOLICITATION ISSUE DATE DATE SP0600-11-D-0086 04/01/2011 SP0600-10-R-0230 08/18/2010 e. NAME b. TELEPHONE NUMBER JNO tailed B. OFFER WE DATE/ 7. FOR SOLICITATION calls! LOCAL. TIME INFORMATION CALL: 09/3012010 1:00 PM 9. ISSUED BY CODE SP0600 10. THIS ACOVISITON IS IaN❑SET ASIDE: °kr FOR: DEFENSE LOGISTICS AGENCY ENERGY (PHA) REST RICTED OR MALL BUSINESS EMERGING SMALL 8725 JOHN J. KINGMAN ROAD, SUITE 3821 BUSINESS �MUSZ04E SMALL FORT BELVOIR, VA 22060-6222 PP: 2.3S 424720 NAICS: BUSINESS PHONE: (703) 767-8476 FAX: (703) 767-8506 SIZE STANDARD: SERVICE -DISABLED VETERAN- EIB(A) 500 OWNED SMALL BUSINESS I T DELIVERY FOR FOB DESTINA• 112. DISCOUNT TERMS 13b, RATING TION UNLESS BLOCK IS NET 30 DAYS 13e. THIS CONTRACT 15 A p MARKED I RATED ORDER UNDER 1r-1 O7-1 SOLICITATIONf-71 OPAS I16 CFR 700) bQ SEE SCHEDULE I _,,,I RFO LJ IFB IY.J RFP 15. DELIVER TO CODE 18, ADMINISTERED BY CODE SEE SCHEDULE IN CLAUSE INT B15.01 DEFENSE LOGISTICS AGENCY ENERGY DLA ENERGY-PHC: ALBERTO WILLIAMS (540) 288-3028 °' CONTRACTORI CODE G589 FACILITY 47Z67 18a, PAYMENT WILL BE MADE BY CODE OFFEROR COOL Go Fayetteville, L.L.0 dba Million Air Fayetteville DEFENSE FINANCE AND ACCOUNTING SERVICES 4500 S School Ave ATTN: DFAS-CVO BSA/CO STE M. DUNS: 611931556 P.O. BOX 182317 Fayetteville AR 72701-8024 COLUMBUS, OH 43218-6251 TEtEPHONE NO. 479 443-4343 FAX: 866289-4921 17b, CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN lab, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 13 OFFER BELOW IS CHECKED 91 SEE ADDENDUM 19. 20. 21. 22. 23, 24. ITEM NO. SCHEDULE OF SUPPL.IESJSERVICES OUANTITY UNIT UNIT PRICE AMOUNT PERIOD OF PERFORMANCE 1 APRIL 2011 - 31 MARCH 2O15 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (Far GOVI. Use Only) 97X4930.5C FO 01 26.1 S33150 1 $1,035, 936.75 ®27m. S(KlC1TADON INCORPORATES BY REFERENCE FAR 67,212.1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACKED, ADDENDA ARE NAAE NOT ATTACHED 276 CONTRACr&UROIASE ORDER INCORPORATES BY REFERENCE FAR 52,212.4. FAR 52,212.5 IS ATTACHED. ADDENDA ARE ARi NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. KFYV-BR OFFER COPIES TO ISSUING OFFICE:. CONTRACTOR AGREES TO FURNISH AND 09124/10 DATED YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30e. SIGNATURE OF OFFEROWCONTRACTOA I31s. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTIN60FFICJ:R) OF SIGNER (Type or REBECCA R. TONEY AUTHOHIZED FOR LOCAL. REPRODUCTION PREVIOUS EDITION IS NOT USABLE or prinil INAH j)_A- Y011. STANDARD FORM 1449 (REV. 3121705) P,ascribed by GSA • FAR 148 CFR) 53.212 BIDDER CODE: G589 Go Fayetteville, LLC dba Million Air Fay I. SCHEDULE AIRPORT LOCATION NUMBER/IDENTIFIER:KFYV AIRPORT LOCATION: FAYETTSViLLE/DRAKE FLELD, ARK ITEM KFYV-BR PRODUCT Jet A, w FSII CONTRACT NUMBER: SP0600-11-D-0086 SOLICITATION NUMBER: SP0600-10-R-0230 PURCHASE PROGRAM: 2.3S U,S. BASE REFERENCE UNIT PRICE QUANTITY PRICE PER GALLON 307,500 2.134600 3.368900 Contractor's initial offer dated 24 September 2010 in response to RFP SP0600-10-R-0230 with amendments 0001 thru 0005 and as amended by correspondence listed below, is hereby accepted for the supplies and services indicated. The following correspondence is incorporated by reference: Email(s) 24 January 2011 (2), 6 January 2011, 31 December 2010 II. REFUELING OPERATOR INFORMATION. A. NAME, ADDRESS, PHONE Million Air Fayetteville, 4500 South School Ave, Fayetteville, AR 72701, 479-443-4343 B. SOURCE OF PRODUCTS OFFERED Product Source: Megellan Pipeline Co. L.P Product City: Tulsa Product State/Country: Oklahoma C. CONTRACTOR REPRESENTATIVE OR AGENT (Full name, address, and phone number if different from ii.A.) Roger Woolsey, 8501 Telephone Road, Houston TX 77061, 713-640-4010 III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLEt(See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO -PLANE) clause.) Available: 0600 to 1000 7 DAYS INCLUDING HOLIDAY After Hours Contact Number: 479-443-4343 Call -Out Fee: $ 100.00 per OCCURRENCE Delivery Comments: Sixty minutes notice requested for after hours delivery, NOTE: In the event 24-hour service is not available and the government was unable to provide advance notification of the after -hour delivery requirement, into -plane fuel may be procured from another source. IV. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE UNIT PRICE ABOVE, SUBITEM NO. PRODUCT KFYV RR Jet A, w FSII TYPE OF CHARGE OVERTIME FEES V. NONREFUNDABLE DUTIES AND TAXES NOT INCLUDED IN THE UNIT PRICE ABOVE. SUBITEM NO. PRODUCT KFYV PR Jet. A, w FSII Page 2 UNIT PRICE $100.000000 TYPE OF CHARGE DUTY TAX FED CIV FEDERAL EXCISE TAX $0.218000 CONTRACT NUMBER: SP0600-11-D-0086 SOLICITATION NUMBER: SP0600-10-R-0230 BIDDER CODE: G589 PURCHASE PROGRAM: 2.3S U.S. Go Fayetteville, LLC dba Million Air Fay VI. ADDITIONAL INFORMATION A. Contract Ordering Period: 04/01/2011 to 03/31/2015 B. Preaward Survey: Waived. (Go Fayetteville, LLC dba Million Air Fayetteville was performing satisfactorly under current contract SP0600-10-D-0064). C. Quality; DLA Energy Americas East, Federal Building, Room 1005, 2320 LaBranch Street, Houston TX, 77004 POC Phone: 713-718-3883 POC Fax: 713-718-5891 D. Price Escalation: B19.35 E. Publication: Jet Kero Group 3 Spot, Mean PWA VII. NOTES AND EXCEPTIONS Base Reference Date is August 17, 2010, Prices will change on Tuesdays. In the event of a holiday prices will change using the four remaining days. VIII. INTERNET CAPABILITY NOTE: DESC will not issue paper copies of price change modifications for any resultant contract as these same price changes are available on the DESC web page at http://p2web.de€sc.dla.mil/pls/p2wp/dfsc_okg.df_activity 1 Page 3 City of Fayetteville Staff Review Form �f-^ 2014-0407 Legistar File ID N/A City Council Meeting Date - Agenda item Only N/A for Non -Agenda Item James Nicholson 9/16/2014 Aviation / Transportation Services Department Submitted By Submitted Date Division / Department -Action Recommendation: Signature of the Mayor on a Offer Submission Package (OSP) to provide aircraft, fueling services to the federal Defense Logistics Agency - Energy for the period April 1st, 2015 through March 31st, 2019. Budget Impact: 5550,0955.4456.02 Account Number Airport Fund NA Jet Fuel Revenue Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution # 5571 Original Contract Number: Approval Date: - ��-- Comments: CITY OF • ayll ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee Terry Gulley, Transportation Director FROM: James Nicholson, Airport Financial Coordinator DATE: 9116114 SUBJECT: DLA Energy OSP — Into -Plane Fueling Legistar Item # 2014-0407 RECOMMENDATION: Review and signature of the Mayor. STAFF MEMO BACKGROUND, In March 2013 the Airport assumed the aircraft fueling operation from the former contractor. As a part of the agreement with the former contractor, the Airport assumed the Defense Logistics Agency into -plane fueling agreement to provide contract fueling services to the federal government, mostly military aircraft. This contracts expires in 2015. DISCUSSION: The DLA has released its solicitation for fueling services for the period April 1st, 2015 through March 31sr, 2019. The Airport intends to continue providing into -plane fueling services to the federal government as it encourages military aircraft activity at the airfield and provides otherwise unattainable fuel sales; currently 22,000 gallons annually. Potentially, this category of fuel sales could grow over time. Overall aircraft fuel sales continue to make a significant contribution to the Airport's bottom line. Military contract fuel sales could provide an opportunity for growth in that category and the Airport should continue as a DLA service supplier. BUDGETISTAFF IMPACT: Airport staff recognizes that federal contracting comes with compliance obligations that may affect other City Departments and Divisions. However, In order to preserve the opportunity to continue as a DLA supplier, the airport recommends submitting the OSP by the deadline and make a determination as to its benefit to the City at a later time. Submission of the OSP does not commit the City to a contract. Attachments: SRF — DLA OSP 091614 SRM — DLA Energy OSP 091614 Offer Submission Package — Into -Plane Purchase Program Mailing Address: 113 W. Mountain Street www.fayetteviIle-ar.gov Fayetteville, AR 72701 OFFER SUBMISSION PACKAGE (OSP) DOMESTIC—INTO-PLANE/PURCHASE PROGRAM 2.3 SOUTH SOLICITATION SP0600-14-R-0221 PERIOD OF PERFORMANCE: 01 APRIL 2015 THROUGH 31 MARCH 2O19 INSTRUCTIONS: CLOSING DATE 22 SEPTEMBER 2014 @ 1:00PM FORT BELVOIR, VA - EASTERN TIME 1. The original copy of this Offer Submission Package must be returned to this office as your offer. NOTE: X Standard Form 1449 (SF 1449) - Sian and date in ink or digitally in Blocks 30a, b and c. Include your company name, address, telephone, and fax, DUNS and CAGE numbers in Block 17a. X Schedule B-0001/1315.01 — Fillable Schedules I through Vill. 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. Provide a screen print of your SAM banking info. 3. Any vendor submitting multiple location offers, prefer one OSP with separate Breakdown Sheet, B 15.01 and B 15.35 submissions. Combined offer must use corporate office address and banking information. Resulting award would contain multiple locations. 4. 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 maximurn file size is 10 MB (IAW L2.1 1-4). 5. For offers submitted via facsimile (703-767-8506): Please limit your facsimile transmission to the contents ofthis Offer Submission Package. 6. Provide a Supplier Invoice with the Price You Paid for fuel on the BASE REFERENCE DATE of 5 August 2014 (Invoice Dated: 5-11 August 2014). By stthmtissiat of this package, voti agree to the terms and cotiditiomy af the en 're Saltdralion with Atnettilmentstritless elerirly stated herein. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1, REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SP0600-14-1280 22 2. CONTRACT NO. 3: AWARDIEFFECTiVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE DATE S P0600-14-R-0221 08/22/2014 a. NAME b. TELEPHONE NUMBER (No collect 8.OFFER DUE DATE/ 7. FOR SOLICITATION L cal)s) LOCALTIME INFORMATION CALL: 09/22/2014 1:OOPM 9. ISSUED BY CODE SP0600 10. THIS ACQUISITION IS JXJUNRESTRICTEDOR SET ASIDE: % FOR: DEFENSE LOGISTICS AGENCY ENERGY SMALL BUSINESS WOMEN -OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN -OWNED MOBILITY FUELS DIVISION (FEPEB) HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 8725 JOHN J. KINGMAN ROAD, STE. 3821 BUSINESS �EDWOSB 324110 FORT BELVOIR, VA 22060-6222 SE SIZE STANDARD: PH: 703-767-1770/3281 FAX: 703-767-8506 PP: 2.3S -OWNED VETERAN -OWNED SMALL BUSINESS a (A) FAR 52,212-1(a) 11. DELIVERY FOR FOB OESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a, THIS CONTRACT IS A MARKED Net 30 Days RATED ORDER UNDER DPAS (15 CFR 700) 14. METHOD OF SOLICITATION O SEE SCHEDULE [_]RFQ IFS NRFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600 SEE SCHEDULE IN B-0001 DLA ENERGY FEPEB 17a. CONTRACTORI CODE FACILITY 6G3K3 1Ba. PAYMENT WILL BE MADE BY CODE OFFEROR CODE DEFENSE FINANCE AND ACCOUNTING SERVICES City Fayet#eville DUNS: 134398903 ATTN: DFAS-CVDBBAICO 4500 S School Ave Ste F, Fayetteville AR 72701 P.O. BOX 182317 COLUMBUS, OH 43218-6251 TELEPHONE NO. 479-718-7642 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 Q SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT PERIOD OF PERFORMANCE 01 APRIL 2015 TO 31 MARCH 2O19 (Use Reverse and/or Attach Additional Sheels as Necessa ) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 97X4930.5CFO 01 26.1 S33150 EST 11 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.?12.1, 52.212.4. FAR 52.212.3AND 52.212-5ARE ATTACHED. ADDENDA ❑ ARE ARE NOT ATTACHED 13 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR $2.212.4. FAR 52.212.5IS ATTACHED. ADDENDA ❑ ARE ❑ ARE NOT ATTACHED 0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DATED YOUR OFFER ON SOLICITATION DELIVER,AL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIV±L SHEETS S JECT TO THE ERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. I URE OF OF RICONTRAC OR 131a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) W6. NAME AND TIER (type or prtnt) Oc. DF 51GNt D 31b. NAME OF CONTRACTING OFFICER (Type ar print) 31t. DATE SIGNED Lioneld Jo ��FSII r TAMMY E. BALTZELL AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2 2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 SP0600-14-R-0221 OSP2-22 OFFERORS ARE REQUIRED TO ENSURE THATTHE FOLLOWING FORMS OR CONTRACT PROVISIONS ARE COMPLETED AS REQUIRED (AND AS APPLICABLE ON AN ORIGINAL SOLICITATION AND RETURNED BY THE CLOSING DATE OF 22 SEPTEMBER 2014, 1:00 P.M., EASTERN TIME. 1. STANDARD FORM 1449 (SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS) 2. OFFEROR PRICE BREAKDOWN SHEETS (JET A /JET A-I/JP 8 AND RAPID REFUELING INTO -PLANE) 3. SUPPLIER INVOICE WITH THE PRICE YOU PAID FOR FUEL ON AUGUST 5, 2014. CONTRACT PROVISIONS: 4. B-0001 - B15.01, SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO -PLANE) (DLA ENERGY (AUG 2013) 5. B-0002 - B19.35, ECONOMIC PRICE ADJUSTMENT- MARKET PRICE (DOMESTIC INTO -PLANE) (DLA ENERGY JAN 2012) 6. G-0002 - G9.07, ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) 7. K-0002 - K33.01, AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 8, FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 9. FAR CLAUSE 52.212-3/1/11, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (ALTS 1/11) (MAY 2014) OFFER PRICE BREAKDOWN SHEET INTO -PLANE I INTO -TRUCK jJet A (AR)/(BR)/(B6) I JP8 (BV)j AIRPORT NAME AND ICAO/FAA CODE: Fayetteville Executive Airport. Drake Field - KFYV (Identify the airport you are offering on and its ICAO code) REFERENCE DATE: AUGUST 5, 2014 INTO -PLANE 5P0600-14-R-0221 OSP3-22 PUBLICATION PRICE (OPIS/PLATTS) FOR THE ABOVE REFERENCE DATE: $ 2.87890 PRICE YOU PAID FOR YOUR FUEL ON ABOVE REFERENCE DATE: $ 3.05560 A. FREIGHT (state if"INCLUDED" in price or if "NONE") $ included _ 8. AIRPORT FLOWAGE FEE (if applicable): STATE/LOCAL TAXES & FEES - Specify tax/fee type (e.g. state R local taxes, environmental and oil spill taxes, inspection fees) & amount per Contract Provisions 128.02-2 and :Y157: AR Petro Environmental Assurance Fee $ 0.0030 d. L.U.S.T. Tax $ 0.0010 d.2 Federal Oil SpilL Liability Fund Tax $ 0.001905 d.3 AR Sales Tax (0,4400) -US Gov EXEMPT $ 0.0000 d.4 TOTAL STATE/LOCAL TAXES & FEES (Must equal d. I through d.4): INTO -PLANE / INTO -TRUCK FEE: TOTAL UNIT PRICE OFFERED W/O FSII JET A/JET A -I w/o FSII (AR)/(AU) PRICE: FSII: (If none, state "None.") TOTAL UNIT PRICE OFFERED W/FSII JET AIJET A-1 w/FSII (BR)/(BU) PRICE: 1(136) / (BV) PRICE (if applicable)) oil S 0,005905 D. S 1,225000 E. (suns of A thru E) $ 4.386505 F, $ 0.00000 G: (sum of F and G) S 4.386505 H. 5 POSTED AIRPORT PRICE (For AUGUST 1K% 2014 Reference Date) WITHOUT TAXES (i.e., State/FET): S 5.3130 (COMM ERCIALPRICE] PUBLICATION SELECTED FOR REFERENCE PRICE ADJUSTsMEiNT OPIS / PLAT TS & HEADING OPTS: PLATTS: Group 3 Jet Kero Prev Week 5-day Avrg of the Mean NOTE: Prices will change on I j Monday [Xj "Tuesday 1 1 Weekly I I Other SP0600-14-R-0221 OSP4-21 SECTION B: SUPPLIES OR SERVICES AND PRICE/COST B-0001 B15.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO -PLANE) (ALA ENERGY AUG 2013) (a) (1) The contract quantities sho%vn 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 isobligated 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) REQUI RErNI ENTS. 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 arc 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 Govemment 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 specificd 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 alter the end of the stated delivery period. (c) Unless otherwise specified in the Schedule or the Hotcs/Exceptions, the Contractor shall perform all fuel deliveries called for under the contract using its established facility for the airport (ICAO) speci Iically 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, [nick, etc.). Exceptions to this must be stated prior to award. (d) Prices indicated hereunder are subject to the ECONOMIC PRICE AINUSTMENT —MARK ET PRICE (DOMESTIC INTO - PLANE) contract provision for the contract period. (e) For Electronic Point of Sale (110S) information, refer to the DELIVERY AND INVOICING REQUIREr'v1ENTS (INTO -PLANE) contract provision. (0 For Manual delivery processing, the U.S. Government will provide the following: (1) MECIIANICAL UMPRINTERS. Only one imprinter will be issued for cacti location upon award. If additional imprinters are needed, it will be at the sole discretion ofthe Contracting Officer. Requests for initial Bartizan Mechanical Imprinter, Model Number 4760-100- 20 or equal, must be submitted to--- ATTN: DLA ENERGY-RRR 1014 BILLY MITCHELL RLVD SAN ANTONIO, TX 78226 Facsimile: (210) 925-0555 Email: (2) DO FORM 1898. Request for initial and re -supply of DD Forms 1899 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DI) Forms 1898 needed via either email or f resimile 30 days prior to die date additional forms are required. Submit email requests to DD1898-adminG�nz'maiLdans.dla.mil and facsimile requests to (215) 697-2424. The Contractor will return all unused DD Forms 1898 at the expiration of the contract unless a follow-on contract is awarded. (g) Any prime contractor using another source as a reftreler M UST submit a Commitment Lctter from that Fixed Base Operator (FBO) indicating their support as the prime contractor's refueling operator. 1. SCIIEDULE AIRPORT LOCATION IDENTIFIER: KFYV AIRPORTLOCATION: Fayetteville, Arkansas PRODUCT GRADE IN ORDER OF PREFERENCE (11- ALTERNATE PRODUCT IS OFFERED, REFER TO SUBITEM NO. M57 AND MIL-STD-1549 (if applicable) KFYV - BR JetA, W FSII EST QUANTITY (GALLONS) PER GALLON UNIT PRICE 173,311 4.38605 U. REFUELING OPERATOR INFORMATION. NOTE: If using other than the prime contractor as a refueler, see paragraph (g). A. NAME ADDRESS TELEPHONE NUMBER City of Fayetteville 4500 S School Ave Aviation Services Fayetteville, AR 72701 It. SOURCE OF PRODUCT'S OFFERED: NAME ADDRESS SP0600-14-R-0221 OSPS-2! 479-443-4343 FBO Customer Service Desk 479-718-7642 Airport Administration Avfuel Corp. 47 West Ellsworth, PO Box 1387, Ann Arbor, MI 48106-1387 C. CON'I'RAC'I'012 REPRESFN'I'A'fE1'Es OR AGEN'I'. (full name, address; and phone number if dilTerent from II.A.) Janessa Hamm, FBO Customer Service Representative James Nicholson, Airport Financial Coordinator SP0600-14•R-0221 OSP6-21 III. IiOURS DURING WI-IICII SUPPLIES/SERVICES WILL BE AVAILABLE: (See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERYAND INVOICING REQUIRELMENTS (INTO -PLANE) contract provision.) [ ] 24 hours per day. 7 days per week (preferred) OR [ X ] Other (Specify hours/call-out capability, and phone number for call -outs): Hoursofoperation: 0600-2200 Local M-F, 0800-2000 Sat, Sun, Holiday Phonc/l'ager/Cellular Number (please identify): 479-443-4343 phone Answering service and contact number: N/A Is advance notice required for after-hours delivery? [X ] Yes [ ] No If yes, how far in advance (days, hours, minutes, etc.)? - 1 hour Will there be a Call -Out Fee for after-hours delivery? [X ] 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). $ 75.00 1 X ] per occurrence OR [ I 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 anodter source. I\'. AIRPORT FEES AND/OR CHARGES APPLICARt., TO U.S. GOVERNiNIErN T_ AND INCLUDE[) IN TIIE SF.C'I'IOrN 1. UNIT PRICE ABOVE. (Seethe AIRPORT FEES AND/OR CIIARGES contract provision.) NAME AND ADDRESS IN FULL OF AUTHORITY TO WHOM FEE AND/OR CHARGE IS PAID City of Fayetteville, Arkansas AMOUNTOF FEES AND/OR CHARGI-S PER GALLON AND GRADE OF PRODUCT APPLICABLE 0.101gal - Jet A V. NONPRODUCT ITENI CHARGES NOT INCLUDED ItN T11F SECTION I. UNITPRICE ABOVE. SUBITEM NO. PRODUCT TYPE OF CHARGI? UNIT PRICE KFYV BR Callout $75.00 V1. NONREFUNDABLE DUTIES ArN'D TAXES NOTINCLUDED IN -THE SECI'l0N I UNIT I'll ICP: ABOVE. SUBITEM NO. PRODUCT "TYPE OF CHARGE DUTY TAX KFYV BR FET 0.218 SP0600-14-R-0221 OSP7-21 V11. POSTED AIRPORT PRICE. THE POSTED AIRPORT PRICE AS OF TIIE BASE REFI-RErNCE DATE AUGUST 5, 2014 (specify any taxes included). 6.08 per USG Taxes: Inc all taxes; Fed Excise, enviro and state/local sales tax, i.e. the posted commercial retail price Vill. ADDITIONAL INN-ORMATION. A. Does your company have world wide web/intemet access? [ X ] Yes [ ] No NOTE: For those companies with intemet access, DLA ENERGY will riot 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 hltp:Ihvww.dese.dla.miUPu blicPages/Busi ness.cfm. B. Does your company have a web site? [ X ] Yes [ ] No If yes, %vhat is the web address? C. Does your company have email capability? [X ] Yes [ ] No I fyes, what is your email address? = fbofax0fayetteville-ar.gov or jnieholson[@fayetteville-ar.aov D. Is your company registered under the System for Award Management (SAlM )? IX ] Yes [ ] No E. What is your company's Dun and Bradstreet number? 134398903 F. What is your company's CAGE code number? -. 5GaK3 IX. NOTES/EXCEPTIONS. 1. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise "faxes are applicable to deliveries to all U.S. Government aircraR (military and civilian). Civilian deliveries are to be invoiced and paid separately. Military deliveries are to be reimbursed by the bttemal Revenue Service (IRS). 2. EiI ERGE,NCIES. In the event of an emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420, B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT— MARKET PRICE (DOMES-ricINTO-PLANE)(DLA ENERGY JAN 2012) (a) WARRANTS. The Contractor warrants that— (1) llie unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and (2) The prices to be invoiced hereunder shall be computed in accordance with the conditions of this contract provision. (b) DEFINITION'S. As used throughout this contract provision-- (1) The term base price means the unit price set forth opposite the item in the contract Schedule. (2) The terra market price means the price or average of prices for the same orsimilar item, as set forth in the publication(s) listed in the table in paragraph (h) below, from which the base price is to fluctuate. (3) The term base market price means the price oraverage of prices, as set forth in the publication(s) listed in the table in paragraph (It) below, in effect on the date listed in the RFP. (4) The tenn date of delivery means the date and time product under this contract is delivered into -plane. (5) The terra week is a consecutive seven-day period beginning on a Monday. (c) =NOTI I� ICATION. the Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), ofany change in the market price by facsimile within 14 days from the date thereof. (d) A D.1 US'I)M E N'TS. (I) The prices payable under this contract shall be adjusted upward ordowmvard through issuance of contract modifications in accordance with the conditions set forth in this contract provision. One adjustment shall be made for each week during which the market prices have changed and shall become effective on the first day of the week. Any increase or decrease shall apply only to deliveries made on or after the first business day of the week and not the publication date of the trade price service or cornmercial jountals listed in the table in paragraph (h) below. The amount of increase or decrease in the price payable under the contract shali be the same number of cents or fraclion thereof that the market price increases or decreases per like unit ofineasure. (i) In the event the Contractor fails to notify the Contracting Officer of any increase/decrease in market price, such increasc/decrease shall apply only to deliveries made on and after the date of receipt by the Contracting Officer of a written notification from the Contractor of such increase/decrease. (ii) DAY OF PUBLICATION. Except for items employing the publications listed in (A) and (B) below, the market price in enect on the date of delivery shall be that item's presclecled market price published on the Monday of the week in .which the delivery is made or. in the event there is no publication in that week, it shall be the item's presclected market price as last previously published. NOTE I: Oil Price Infonnation Service's (OPIS) Petroscan data is dated on a "Ehursday but is incorporated into the following Monday's "hard copy' publication. SP0600-14-R-0221 OSP8-21 NOTE 2: DLA Energy downloads the electronic versions of the price publications (i.e., Platts, OPiS). Occasionally, a slight discrepancy may be noted between the prices posted on the electronic version and the printed (hard copy) version. In such an event, the prices posted in the electronic version shall be used in determining adjustments under this contract provision. (A) PLA'1 fs OILCRA,NI PRICE REPORT. For items employing Platts Oilgram Price Report Spot Price Assessment, with an effective day of Monday or Tuesday of each week, the market price in effect on the date of delivery shall be that iteni's preselected market price officially on the electronic version on Monday's containing prices effective on the prior Friday of tfie week in which the delivery is made. For items employing Platts Oilgram Price Report 5 Day Rolling Average, the market price in effect on the date of delivery shall be that item's preselected market price published for 5 days ending on the Friday prior to the week in which the delivery is made. Nonnally, the average will be Monday through Friday; however, in the event of a holiday or other occurrence(s) for which Platts does not make an effective price, the closest effective price datc(s) prior to Monday will be used to complete the 5 Day Rolling Average. (B) When a combination of two different publications is utilized, die earlier date of the week shall control if differing published dates are used. (2) The Contracting Officer shall calculate the adjusted prices based on the difference between the base market price and the market price. This difference shall be added to or subtracted from the base price to arrive at the current prices payable under this contract. (3) The prices payable under this contract for any given week will be based on the last market price effective during the preceding week. (4) The Contracting Officer shall issue a modification as soon as practicable after such price becomes effective. However, no modification incorporating an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer or authorized representative. (5) Contract price adjustments shall be provided via notification through contract modifications and/or posting to the DLA Energy web page at httn:lhvwsv.desc.dla.mil under the heading Vendor Resources acid then Product Price Adjustments. (6) llie Contractor shall invoice and will be paid at the price set forth in the modification. (7) FAILURE -1.0 DELIVER. Notwithstanding any other conditions of this contract provision, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor's failure to deliver according to the delivery schedule results from causes beyond the Contractor's control and .without its fault or negligence, within die meaning of paragraphs (0, Excusable Delays, and (m), Tennination far Cause, of the CONTRACTTFRMS 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. (8) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. llie Contractor agrees that the total increase in any contract unit price pursuant to these economic price adjustment provisions shall not exceed 575 percent of the award price in any applicable program year (whether a single year or a multiyear program). except as provided hereafter. (i) 1 f at any time the Contractor has reason to believe that within the near future a price adjustment under the conditions of this contract provision will be required that will exceed the current contract ceiling price 1br 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) Ifan actual increase in the market 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 ofthe 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. (9) REVISION OF MARKFT PRICE INDICATOR. In the event-- (i) Any applicable market price is discontinued or its method of derivation is altered substantially; or (ii) The Contmcting 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. "llie 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. Ifthe parties fail to agree on an appropriate substitute; the mauer shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract. (c) CON VEIRS IOtN` FACTORS. If this contract provision requires quantity conversion for economic price adjustment purposes, the conversion factors for applicable products, as specified in the CONVERSION FACTORS provision, apply unless otherwise specified in the Schedule. (f) E\ANIINATION OF RECORDS. 'llie 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 provision. (g) FINAL INVOICE. "Ilse Contractor shall include a statement on (lie final invoice that the amounts invoiced hereunder have applied all decreases required by this contract provision. (h) TABLE. The publication(s), market price(s), and other pertinent data are as follows: Location where market blame of Base market price Item Number Publication Price is applicable Product its of Au-.ust 5, 2014 KFYV -BR PLATTS Group 3 Jet Kero 2.8789 SP0600.14-R-0221 OSP9-21 G-0002 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) (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. '17te bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions. NAME OF RECEIVING BANK: IAIRIVIE ISITI IBIAININ-IFiAIYIEITT.E.N_II ILILIEI I I I I I (DO NOT EXCEED 29 CHARACTERS) CITY AND STATE Or RECEIVING BANK: I FAY YI E T I E 14 1 IL IL IE I AIR I I I I I (DO NOT EXCEED 20 CHARACTERS) AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: I M01 910101 a 7121 ACCOUNT TYPE CODE: (Contractor to designate one) [ )(I CHECKING TYPE 22 [ ) SAVINGS TYPE 32 RECIPIENTS ACCOUNT NUMBER ENCLOSED IN PARENTHESES: 141841 G 18 141410 16 1 1 1 1 1 1 (DO NOT EXCEED 15 CHARACTERS) RECIPIENT'S NAME: ICI 1 l Y 1 1W1 I FIAT Y1 EI T jTlEqM1jLVgI1 1 I I I (DO NOT EXCEED 25 CHARACTERS) STREET ADDRESS: Ill 1131 IW IMICI UI N TAI 11N1 ISITI I I I I I I Lj (DO NOT EXCEED 25 CHARACTERS) CITY AND STATE: 1_5 A Y T TEI UI 1 1 LI L I G IAR1 1 1 1 1 I 1 1 1 1 (DO NOT EXCEED 25 CHARACTERS) NOTE: Additional information may be entered in KITH Ell paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters. (b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA: A�$EII�gL�4E1T1HE F"LQWINQ JDF-MTI9YJN,GINIOT!�TlON�_� I I I 1 "A P RT RLITTIAN (DO NOT EXCEED 153 CHARACTERS) OR (c) TIIIRD PARTY INFORtNIATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractors account, the following information must be supplied by the Contractor: Second Bank Name, City/Slate and/or Country, Account Number, and Account Name. (DO NOT EXCEED 153 CHARACTERS) SP0600.14-R-0221 OSP 10-21 (d) CONTRACTOR'S DESIGNATED OFFICIAL SUBI411.1TING ELECTRONIC FUNDS TRANSFER INI-ORtNIATION. NAME: 0AMFIS NlQHQLSQN (DO NOT EXCEED 25 CHARACTERS) TITLE: I A,IVRgRT FIN,�NGPIL ICQQ�q_I_I. (Do NOT EXCEED 25 CHARACTERS) TELEPHONE NUMBER: 7 - 'I 7 4 (DO NOT EXCEED 25 CHARACTERS) SIGNATURE: ;nsfer U. (e) Any chang byontractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be receiv bontracting Officer no later than 30 days prior to the date the change is to become effective. (f) The electrom of funds does not constitute an assignment of such funds in any form or fashion. (g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check. (h) NOTICE TO FOREIGN SUPPLIERS. (1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and trust be capable of receiving ACH transactions. The appropriate American Bankers Association nine -digit identifier must be supplied in order for payments to be processed through CTX. (2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above. (3) The Third Party information supplied in (c) above .will be located in the first RMT segment of the CTX payment information sent to the receiving bank. (i) Notwithstanding any other provision of the contract; the requirements of this provision shall control. K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 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. NAME TITLE PHONE NUMBER E-MAIL ADDRESS James Nicholson, Airport Financial Coordinator, 479-718-7642, jnicholson@fayetteville-ar.gov FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision — "Administrative proceeding" means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings. and Armed Services Board of Contract Appeals Proceedings).'17ris includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than S 10,000,000" means (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite -delivery, indefinite -quantity, 8(a), or requirements contracts (including task and delivery and multiple -award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g.. general manager; plant manager; head of a division or business segment; and similar positions). SP0600-14-R-0221 OSP 10 - 21 (d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER itNFORMATION. NAME: I JAME,SI, MlgMQLSQN I ...I. I. I I I.. I.._.I_I_I I I I I (DO NOT EXCEED 25 CHARACTERS) TITLE: I � IFRqRTI FINR,NGIAL ICQMQ I i I I I I I I I (DO NOT EXCEED 25 CHARACTERS) TELEPHONE NUMBER: I 172-ZlL817§4? (DO NOT EXCEED 25 CHARACTERS) SIGNATURE: (e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the dale the change is to become effective. (1) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion. (g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check. (h) NO-I'ICE TO FOREIGN SUPPLIERS. (1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable ofrecciving ACH transactions. The appropriate American Bankers Association nine -digit identifier must be supplied in order for payments to be processed through CTX. (2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) Oft (c) above. (3) The Third Party information supplied in (c) above will be located in the first RNIT segtnent of the CTX payment information sent to the receiving bank. (i) Notwithstanding any other provision of the contract, the requirements of this provision shall control. K-0002 K33A1 AUTHORIZED NEGOTIATORS(DLA ENERGY APR 2007) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection vFith this request for proposals or quotations. NAME TITLE PHONE NUMBER E-MAIL ADDRESS James Nicholson, Airport Financial Coordinator, 479-718-7642, jnicholson@fayetteville-ar.gov FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (.IUL 2013) (a) Definitions. As used in this provision — "Administrative proceeding" means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g.. Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Anned Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance ora Federal Contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection ofdeliverables. "Federal contracts and grants with total value greater than S10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite -delivery, indefinite -quantity, 8(a), or requirements contracts (including task and delivery and multiple -award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager: head of a division or business segment; and similar positions). SP0600.14-R-0221 OSP 11 - 21 (b) The offeror Ll has lA does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) I f the offeror checked '`has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPI IS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the of cror, and/or any of its principals, has or has not, within the last five years, in connection with die award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a nmonetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in — (A) The payment of a monetary fine or penalty of $5,000 or more; or (8)'Me payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(l)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) -Mc offeror shall post die information in paragraphs (c)(1)(i) through (c)(1)(iv) ofthis provision in FAPI IS as required through maintaining an active registration in the System for Award Management database via httns:lltwv+v.acauisition.e0v (see 52.204-7). (End of provision) FAR 52.212-3/1/11 OFFEROR REPRESENTATIONS AND CERTiFICATIOaNS— COMMERCIAL ITEMS (MAY 2014) An offcror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via h�:llw+vw.acciiiisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) websitc, the offcror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision -- "Economically disadvantaged women -owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more wonien who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically quali Tics as a women -owned small business eligible under the WOSB Program. "Forced or indentured child labor'' means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer hiruse IfvoIunnrily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement ofwhich can be accomplished by process or penalties. "Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that nieets the criteria specilied in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product' means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510. Lumber and Related Basic Wood Materials; SP0600-14-R-0221 OSP 12 - 21 (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610. Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components; or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil -related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. E 10-174). Restricted business operations do not include business operations that the person (ass that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in die Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology— (1) Means hardware, software; telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free now of unbiased information in Iran; or (ii) To disrupt, monitor, orotherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service -disabled veteran -owned small business concern"— ( I ) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more servicc-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service -disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service -disabled veterans or, in the case of a service -disabled veteran with permanent and severe disability, the spouse or pemtanent caregiver of such veteran. SP0600-14-R-0221 OSP 13 - 21 (2) Service -disabled veteran means a veteran, as defined in 38 U.S.C. I01(2), with a disability that is service -connected, as defined in 38 U.S.C. 101(l6). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owvned— (1) Directly by a parent corporation; or (2)'I1hrough another subsidiary of a parent corporation. "Veteran-oned small business concern" means a small business concern— (1) Not less than 51 percent of which is owned by one or more velerans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-oned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women -owned small business concern" means a small business concern -- (1) -Ilia[ is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owvned small business (WOS13) concert eligible under the WOS13 Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certificnrions. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2)'Ilte offeror has completed the annual representations and certifications electronically via the SAM website accessed through httnsahvwv.v.acguisition.[ m. Aller reviewing the SAM database information, tttc offeror verifies by submission of this offer that the representation and certifications currently posted electronically at PAR 52.212-3, Offeror Representations and Certifications —Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete; and applicable to this solicitation (including the business size standard applicable to the iw1AICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201). except for paragraphs . (Offeror to identifft=the (y)plicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes ofthis solicitation only, ifan'i -These amended representations) curd/or certifications) are also incorporated in this offer aril are current, accurate, and complete its of the date of this offer. .4n,v changes provided by the offeror ore applicable to this solicitation only, and do not result in an updale to the representations arrd certifications posted electronically on S11V1.1 (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as pan ol'its offer that it U is; QQ is not a small business concern. (2) Veteran -owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(i ) of this provision.] lltc offeror represents as part of its offer that it [ 1 is, [)4 is not a veteran -owned small business concern. (3) Service -disabled veteran -owned small business concern. [Complete only if the offeror represented itself as a veteran -owned small business concern in paragraph (c)(2) of this provision,] The offeror represents as pan of its offer that it 1_1 is, [).d is riot a service -disabled veteran -owned small business concern, SP0600-14-R-0221 OSP 14 - 21 (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it L[ is, [)4 is not, a small disadvantaged business concern as defined in 13 CFR 124.1002, (5) Women -owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it L] is, [A is not a women -owned small business concern. Note: Complete paragraphs (c)($) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women -owned small business concern in paragraph (c)(5) of this provision.] `Ihe offeror represents that- 0) It L] is, L( is not a WOS13 concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) 11 [J is, L] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOS13 Program participating in the joint venture. [The offeror shall enter the natne or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB represenlation. (7) Economically disadvantaged worsen -owned small business (EDWOSB) concern. [Complete only if the offeror represented itsel fas a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It (J is, [J is not an EDRrOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility, and Oi) It 1_1 is, L) is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. I•fhc offeror shall enter the name or names of the EDWOSI3 concern and other small businesses that are participating in the joint venture: ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (S) Wontcn-owned business concern (other than stnall business concern). [Complete only if the offeror is a women -owned business concern and did not represent itself is a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [J is; a women -owned business concern. (9) Tie bid priority for labor surl)lus area concerns. I f this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or First -tier subcontractors) amount to more than 50 percent of the contract price: (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Prograni—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either — (A) ]t 11 is, 1_1 is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged o%vnership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth ofeach individual upon whom the certification is based does not exceed $750.000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It L] has; [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart 13, and a decision on that application is pending, and that no material change in disadvantaged o%vnership and control has occurred since its application was submitted. (H)Joini Ventures under the Price Eialitrttiarr Rdjzrstrneni for Srnall Disadvantaged Business Concerns. •Ihe oficror represents, as part of its offer, that it is ajoint venture that complies with the requirements in 13 CFR 124.1002(Q and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern drat is participating in the joint venture: .] SP0600-14-R-0221 OSP15-21 (1 1) HUBZonc small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as pan of its offer, that-- 0) It L] is, Ll is not a HUBZonc small business concern listed; on the date of this representation, on the list of Qualified HUB7_one Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZonc employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and 00 It Ll is, 1-1 is not a FIUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)( 11)(i) of this provision is accurate for each HUBZonc small business concern participating in the HU13Zone joint venture. The offeror shall enter the names of earth of the HUBZone small business concerns Ixrrtici1xi ing in the HU13/_one joint venture: .] Each HUBZonc small business concern participating in the HL1BZone joint venture shall submit a separate signed copy of the 1-1UBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- ( I ) Previous contracts and compliance. The offeror represents that -- (i) It 1)4 has, Ll has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) 11 [A has, Ll has not, filed all required compliance reports. (2) Afrmarive Action Compliance. The offeror represents that -- (i) It IJ has developed and has on file, [)4 has not developed and does not have on file, at cacti establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or 00 It [A has not previousty had contracts subject to the %vritten aflinnative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certificmion Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or %ill 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 his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have madc a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, 0,1MB Standard Form LLL, Disclosure of Lobbying Activities; to provide the name of the registrants. The offeror need not report regularly employed oflicers or employees of the offeror to whom payments of reasonable compensation were made, (f) BuyAntericon Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225- I, Buy American — Supplies; is included in this solicitation.) (1) 'rhe offeror ceni fits that each end product, except those fisted in paragraph (0(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined. produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. i.e.; an end product that is not a COTS item and does not nett the component test in paragraph (2) of the definition of"domestic card product." The terms `'commercially available off -the -shelf (COTS) item." "cornponent,` "domestic end product," "end product,` "foreign end - product," and "United States" are defined in the clause of this solicitation entitled "Buy American —Supplies." (2) Foreign land Products: 1LINE 1'1-17M NO. 1COUNTRY OF ORIGIN [List as necessary] (3) llte Government will evaluate offers in accordance with the policies and procedures of FAR fart 25. (g) SP0600-14-R-0221 OSP 16 - 21 (I) Buy American --Free Trade Agreemenis -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American --Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off -the -shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free "trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements --Israeli Trade Act." (ii) The offeror certifies that the following supplies are Frce "Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American —Free Trade Agreements —Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: (LINE ITEM NO. 1COUNTRY OF ORIGIN __ I List cis neeessar),j (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American —Free Trade Agreements —Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: ILINE ITEM NO. JCOUNTRY OF ORIGIN List as necessarvj (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Bit Aierican—tree Trade Agreemenis—Israeli 'Trade Act Ceriificate. Alternate 1. I f Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror ccrti tics that the following supplies are Canadian end products as defined in the clause of this solicitation entitled '`Buy American —Free "trade Agreements —Israeli Trade Act": Canadian End Products: Line Item No.: [List as necessar)'i (3) Bin, American --Free Trade Agreements —Israeli Trade Act Certificate, Ahernate 11. 1 fAlternate I I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agreements --Israeli Trade Act": SP0600-14-R-0221 OSP 17.21 Canadian or Israeli End Products: Line Item No.: lCountry of Origin: (List as necessarji) (4) Biry American —Free Trade Agreemews—Israeli Trade Act Certificate, Alternate !!L If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free'rrade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani. Panamanian, or Peruvian end products) or Israeli end products as defined in die clause of this solicitation entitled "Buy American —Free Trade Agreements —Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean; Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: lCountry of Origin: tl ist as necessary I (5) Trade Agreements Cert fate. (Applies only if the clause at FAR 52.225-5. Trade Agreements, is included in this solicitation.) (i)The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause orthis solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Itcm No.: lCountry of Origin: [List as necessary[ (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Pan 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statutc.'I'ltc Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Alauers (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ _ [ Are, [_) are not presently debarred, suspended. proposed ror debarment, or declared ineligible for the award of contracts by any Federal agency.. SP0600-14-R-0221 OSP IS-21 (2) [J Have, U have riot, within a threcyYear 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 perforating a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission ot'oifers; 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; and (3) U Are, U are riot presently indicted for; or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [J Have, )J have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The iax liability is frnallvderermined. The liability is finally determined if it has been assessed. A liability is not finally detcnnined 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. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the lax liability when frill payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek "fax Court review ofa 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 appear rights. (B)'Ilic I RS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C_ §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to thc'fax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. T1iis is not a delinquent tax because it is riot 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. (C)the taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is riot currently required to make full payment. (I)) the taxpayer has filed for bankruptcy protection. the taxpayer is not delinquent because enforced collection action is stayed under I I U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [the Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of 1'roducls Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. I If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) ofthis provision; then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.1 U (i) ilic offeror will riot supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. IJ (ii) the offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding countn, as listed for that product. 'Ile offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product fiurnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. SP06M 14-R-0221 OSP 19-21 6) Place ofmanufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) ror statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) "'In ft United States (Check this box if the total anticipated price ofoffered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) LI Outside the United States. (k) Certificates regarding exemptions from the application ofthe Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) IThe contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.I (1) U Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does U does not certify that— (i) The items of equipment to be serviced under this contract are used regularly forothcr than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of nonnal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) U Certain services as described in FAR 22.1003-4(d)(1). The offeror U does LI does not certify that— -' (i) The services under the contract are offered and sold regularly to non -Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of nonnal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (sec FAR 22.1003- 4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for al service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) 1 f paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)( I ) or (k)(2) of this clause or to contact the Contracting 017icer as required in paragraph (k)(3)(i) of this clause. (1) l arixgyer identification number CTIA1 (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041 A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2)'fhe TIN may be used by the government to collect and report on any delinquent amounts arising out of the ofleror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4,904, the IHN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. SP0600-14-R-0221 OSP 20 - 21 (3)'I'axpayer identification Number (TIN). UT1N: U T1N has been applied for. U T]N is not required because: U Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; U Offeror is an agency or instrumentality of a foreign government: U Offeror is an agency or instrumentality of the Fcderal Government; (4) Type of organization. U Sole proprietorship; U Partnership; U Corporate entity (not tax-exempt); U Corporate entity (tax-exempt); Wrovernment entity (Federal, State, or local); U Foreign government; Ll International organization per 26 CFR 1.6049-4; U Other (5) Common parent. U Offeror is not owned or controlled by a common parent: ( J Name and TIN of common parent: Name TIN (m) Restricted business operations in Sudew. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations— (]) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation, and ` (ii) It is not a subsidiary ofan inverted domestic corporation. SP0600-14-R-0221 OSP 21 - 21 (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (I) "Ihc offeror shall email questions concerning sensitive technology to the Department of State at CISADA 106nstate.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran: (ii) Certifies that the offeror, or any person o%vned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 ct seq.) (see OFAC's Specialty Designated Nationals and Blocked Persons List at$ttp:/h+w<vareasury.aovlofacldo++roloads/tl Isdn.»df). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.2I2-3(g) or a comparable agency provision); and (ii) "[he offeror has certified that all the offered products to be supplied are designated country end products. (End of Provision) ._. Ahernme 1(Xfcri,1014). As prescribed in 12.301{b)(2)7 add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The offeror shall check the ccrtegor), in which its ownership falls,[: Black American. Hispanic American. Native American (American Indians, Eskimos, Aleuts, or Native Ha+vaiians). Asian -Pacific American (persons with origins from Burnna, "Thailand, Malaysia, Indonesia, Singapore, Brunei. Japan, China, Taiwan, Laos, Cambodia (Kampuchea); Vietnam. Korea. "fine Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern (Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Naunr). _ Subcontinent Asian (Asian -Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). Individual/concern, other than one of the preceding. Alternate 11 (Jan2012). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision: (iii) Address. The offeror represents that its address Uis, [j is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list ofauthorir-ed small disadvantaged business procurement mechanisms and regions is posted at hnn:/hvww.acquisition.aovlReferencesJsdbad iustmen [s.hnn. The offeror shall use the list in clibet on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administrations register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart 13. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture. McCoy, Dee From: Nicholson, James Sent: Wednesday, June 03, 201S 8:S9 AM To: McCoy, Dee Subject: RE: Holding File Both 2014-0407 and 2015-0094 are the same document, signed by the Mayor, 2015-0094 revised the original 2014-0407 contract'Offer" to Defense logistics Agency for Military Contract Fuel. I suppose I included that information because 2015-0094 is just the revised pages of the original offer, (although the complete original is part of the package). Since the original, 2014-0407 was altered, it needed review and the Mayor's signature again. I had the notion that you might need to reference the original item in your database for searches and such. Thanks, Dee! James Nicholson Airport Financial Coordinator City of Fayetteville, Arkansas T 479.718.7641 I F 479.718.7646 FAYETTEVILLE AVIATION SERVICES Website I Facebook 1 John Roscoe Submitted By Lww City of Fayetteville Staff Review Form 2015-0094 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/17/2015 Aviation / Transportation Services Department Submitted Date Division / Department Action Recommendation: Approval and signature of the Mayor of revised pages of Offer Submission Package to Defense Logistics Agency (DLA) Energy. NA Account Number NA Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Airport Fund NA Project Title Remaining Budget $ V2094071Q Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: Legistar # CITY OF aee��e ARKANSAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Staff/Contract Review Committee Terry Gulley, Transportation Director FROM: John Roscoe, Aviation Director3fL--- DATE: 2117/15 SUBJECT: DLA Fuel Contract Offer Revisions Legistar Item # 2015-0094 RECOMMENDATION: Review and signature of the Mayor. STAFF MEMO BACKGROUND: In September 2014 the City submitted an offer to continue the Defense Logistics Agency (DLA) military fueling contract. The DLA responded to the City's offer in a letter dated 12 February 2015 with instructions for several corrections to the submitted forms. DISCUSSION: The Airport has prepared a response to the DLA's request. The original submission included the Mayor's signature and was sent through staff review as Legistar 2014-0407. Attached are the revised pages of the original submission. A copy of the original submission is also attached for comparison. The response to DLA for these changes is due no later than this Friday, February 20. Please expedite. BUDGET/STAFF IMPACT: Overall, military aircraft fuel sales continue to make a significant contribution to the Airport's bottom line. Submission of the revised pages to the OSP does not commit the City to a contract. Attachments: SRF, SRM, Revised pages to OSP Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS I. REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SP0600-14-1280 22 2. CONTRACT NO. 3. AWARDIEFFECTIVE 4. ORDER NUMBER S. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE DATE SP0600-14-R-0221 08/22/2014 a. NAME b. TELEPHONE NUMBER (No collecl 8. OFFER DUE DATE/ 7. FOR SOLICITATION L carts) LOCAL TIME INFORMATION CALL: 09122/2014 1:00PM 9. ISSUED BY CODE SP0600 10, THIS ACQUISITION IS X UNRESTRICTED OR Lj SET ASIDE: % FOR: DEFENSE LOGISTICS AGENCY ENERGY SMALLBUSINESS WOMEN -OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN -OWNED MOBILITY FUELS DIVISION (FEPEB) HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 8725 JOHN J. KINGMAN ROAD, STE. 3821 BUSINESS []EDWOSB 324110 FORT BELVOIR, VA 22060-6222 SERVICE -DISABLED SIZE STANDARD: PH: 703-767-1770/3281 FAX: 703-767-8506 PP: 2.3S VETERAN-OWNEO SMALL BUSINESS n 8 (A) FAR 52.212-1(a) 11. DELIVERY FOR FOE DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS [713a, THIS CONTRACT IS A MARKED Net 30 Days y RATED ORDER UNDER 14. METHOD OF SOLICITATION DPAS (IS CFR 700) SEE SCHEDULE ORFQ IFB ❑X RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE SP0600 SEE SCHEDULE IN B-0001 OLA ENERGY FEPEB 17a. CONTRACTOR! CODE I C879 FACILITY 3G31<3 lea. PAYMENT WILL BE MADE BY CODE OFFEROR CODE City of Fayetteville GUNS: 134398903 DEFENSE FINANCE AND ACCOUNTING SERVICES ATTN: DFAS-CVDBBAICO 4500 S School Ave Ste F, Fayetteville AR 72701 P.O. BOX 182317 COLUMBUS. OH 43218-6251 TELEPHONE NO. 479-716-7642 ❑ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN I OFFER 18b, SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED QX SEE ADDENDUM 19' 20. 21 22. 23. 24_ ITEM NO. SCHEDULE OF SUPPUES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT PERIOD OF PERFORMANCE 01 APRIL 2015 TO 31 MARCH 2O19 Use Reverse andrarAttarh Addilional Sheets as Necessary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 97X4930.5CF0 01 26.1 S33150 EST U 270. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212.1. 52.212-4. FAR $2.212.3 AND 52.2125 ARE ATTACHED. ADDENDA Fi ARE Ej ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124, FAR 52.212.5Is ATTACHED. ADDENDA 0 ARE D ARE NOT ATTACHED 28, CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 ❑ 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DATED YOUR OFFER ON SOLICITATION DELIVER AL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE AODITIONA SHEETS SU C TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 3Da. SI E 6F OFF WRICORACR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. 644E AND TIT F SI (Type or print) 0c. DA S[GNEO 31b, NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED Lioneld Jorda , M , TAMMY E. BALTZELL AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 212012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 CONTRACT NUMBER: SP0600-15-D-0080 SOL.I.CITATION. NUMBER. SP0600-14-R-0221 BIDDER CODE: C879 PURCHASE PROGRAM: 2.3S U.S. CITY OF FAYETTEVILLE I. SCHEDULE AIRPORT LOCATION NUMBER/I DENTI FIER: KFYV AIRPORT LOCATION: F'AYETTEVILLE/DRAM FLELD BASE REFERENCE UNIT PRICE ITEMS PRODUCT QUANTITY PRICE PER GALLON KFYV-BR Jet A, w FSII 173,311 2.878900 4,261505 Contractor's offer dated 22 September 2015 in response to'RFP SP0600-14-R-022). with amendments 001 thru 0062 and as amended by correspondence listed below, is hereby accepted for the supplies and services indicated. The following correspondence is incorporated by reference: 17 March 2015 (email); 4 March 2015 (email); 19 February 2015 (email).; 12 February 2015 (2•emails) and 5 February 2015 (email). EBS ITEMS: 0001 KFYV-BR; 0002 KFYV-RR; 0003 KFYV-PR II. REFUELING OPERATOR INFORMATION. A. NAME, ADDRESS, PHONE City of Fayetteville, 4500 S School Ave, Fayetteville, AR 72701, 479-718-7642 B. SOURCE OF PRODUCTS OFFERED Product Source: Avfuel Corporation Product City: Tulsa Product State/Country: OK C. CONTRACTOR. REPRESENTATIVE OR AGENT (Full name, add ress,and phone.number if: different from II.A.) James Nicholson, 479-718-7642 III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE:(See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO -PLANE) clause.) Available: 0600 to 2200 MONDAY TO FRIDAY After. Hours Contact Number: 479-443--4343 Carl -Out Fee: $ 75.00 per OCCURRENCE Delivery Comments: 1 HOUR OF ADVANCE NOTICE IS REQUIRED FORAi'PER HOURS DELIVERY. THERE WTbL BE A $75.00 PER OCCURRENCE CALL OUT FEE ASSOCIATED FOR -AFTER HOURS DELIVERY. SATURDAY, SUNDRY AND HOLIDAY HOURS: 0800-2000 NOTE: In the event 24-hour service is not available and the government was unable to provide advance notification of the after -hoar delivery requirement, into -plane fuel may be procured from another source. Page 2 CONTRACT NUMBER: SP0600-15-D-0080 SOLICITATION NUMBER: SP0600-14-R-0221 BIDDER CODE:"C879 PURCHASE PROGRAM: 2.3S U.S. CITY OF FAYETTEVILLE IV. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE UNIT PRICE ABOVE. SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE KFYV RR Jet A, w FSII OVERTIME FEES $75.000000 Specific Circumstances: KFYV-RR: Represents callout fee of. $75.00.per occurrence V. NONREFUNDABLE DUTIES AND TAXES -NOT INCLUDED IN THE UNIT PRICE ABOVE. SUBITEM NO. PRODUCT KFYV PR Jet A, w FSII TYPE OF CHARGE DUTY TAX FED CIV FEDERAL EXCISE TAX $0.218000 VI.' ADDITIONAL INFORMATION A. Contract Ordering Period: 05/01/2015 to 03/31/2019 8. Preaward Survey: A Pre -Award Survey was not performed due to satisfactory performance under current contract. C. Quality: DLA Energy Americas East 3 ATTN: Quality Manager' Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 POC Phone: (713) 718-3883 POC Fax: (713) 718-3891 D. Price Escalation: B19.35 E. Publication: Platts Grp 3 Mean PWA VII. NOTES AND EXCEPTIONS Ease Reference Date: August 5, 2014 Prices will change weekly on•Tuesday Prices will escalate using prices set by Platts'Group 3 Jet Kero Previous Week Average Monday through Friday with prices effective on Tuesday for price escalation In the event of a holiday during the week, prices will escalate using the four remaining days. VIII. INTERNET CAPABILITY NOTE: 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 web page at http://p2web.energy.dla.mil/pls/p2wp/dfsc_pkg.df_activity Page 3 DEFENSE LOGISTICS AGENCY ENERGY 8725 JOHN J. KINGMAN ROAD FORT BELVOIR, VIRGINIA 22060-6221 Reply R APR 0 9 26 5 Rater to: Di.A ENERGY- FENEB Mr. James Nicholson Airport Financial Coordinator City of Fayettevi Ile 4500 S School Ave., Suite F Fayetteville, AR 72701 Dear Mr. Nicholson, Congratulations, City of Fayetteville has been awarded contract number SP0600-15-D-0080, which calls for Into -Plane fuel delivery at the following location specified below: MMNUMBER LOCATION PRODUCT EST. QUAN7M KFYV-BR Fayetteville Executive Airport, AR Jet A, w/FSH 173,311 GL The contract has a period of performance from 05/01/2015 through 03/31/2019. You should retain a copy of the Solicitation and subsequent Amendments as these were incorporated into your contract and all requirements contained therein must be followed. If you do not have copies of these documents, they can be obtained at the following web site www,fbo.gov. A represeintative from our AIR Card contractor - Kropp Holdings Inc (K -13) will contact you regarding a new installation or updated coding for an existing Point of Sale Reader (POS). The DLA ENERGY Contract Administrator for your contract is Mr. Jeremy Baxter and he can be contacted by a -mail at jeremy.baxtcr@dla.niil. Mr. Baxter will be contacting you to introduce himself -and help with any questions you may have concerning your new award, Again, congratulations on the award of your contract. We look forward to a continued, mutually rewarding relationship. If we may be of arry help during the life of the contract, please do not hesitate to call. Sincerely, BEVERLY BROWN Contracting Officer Mobility Fuel Division Direct Delivery Fuels Enclosure: Contract Award SP0600.14-R-0221 OSP3-22 OFFER PRICE BREAKDOWN SHEET INTO -PLANE/ INTO -TRUCK IJet A (AR)/(BR)1(B6) IJP8 (BV)I AIRPORT NAME AND ICAO/FAA CODE: Fayetteville Executive Airport' Drake Field - KFYV (Identify the aitTort you are offering on and its ICAO code) REFERENCE DATE: AUGUST 5, 2014 PUBLICATION PRICE (OPISIPLATTS) FOR THE ABOVE; REFERENCE DATE: PRICE YOU PAID FOR YOUR FUEL ON A13OVE REFERENCE DATE: FREIGHT (state if "INCLUDE D"•in price'or if "NONE") AIRPORT FLOWAGE FEE (if applicable): STATE/LOCAL TAXES & FEES - Specify tax/Pee type (e.g. state & local taxes, environmental and oil spill taxes, inspection fees) & amount per Conti -set Provisions 128.02-2 and 1%157: AR Petro Environmental Assurance Fee $ 0,00300 d.I L.U.S.T. Tax $ 0,00100 d.2 Federal Oil S ill Liability Fund Tax S 0.00191 d.3 ARSalesT $ 0.00000 d.4 TOTAL STATE/LOCAL TAXES & FEES (Must equal d.I through d.4): INTO -PLANE / INTO -TRUCK FEE: TOTAL UNIT PRICE OFFERED W/O FSII JET Al -JET A -I w/o FSII (AR)/(AU) PRICE: FSII: (If none, state "None.") TOTAL UNIT PRICE OFFERED W/FSII JET AMET A-i iv/FSII (BR)/(BU) PRICE: [(B6) / (BV) PRICE (if applicable)) INTO -PLANE $ 2.87890 $ 3.05560 A. $ included B. 5 0.1000 C. S 0.005905 D. S 1.225000 E. (sum of A thru E) S 4.386505 F. 5 none G. (sum of F and G) S 4,386505 H. 5 POSTED AIRPORT PRICE (For AUGUST W 2014 Reference Date) WITHOUT TAXES (i.e., State/FET): S 5.3130 [COMMERCIAL PRICE] PUBLICATION SELECTED FOR REFERFNCE PRICE ADJUSTMENT OPTS / PLATTS & HEADING OPIS: PLAITS: Group 3 Jet Kero Prev Week 5-day Avrg of the Mean NOTE: Prices will change on[ I Monday [XI Tuesday I I Weekly I I Other SP0600-14-R-0221 OSP5-21 1. SCHEDULE AIRPORT LOCA•ION IDENTIFIER: KFYV AIRPORT LOCATION: Fayetteville, Arkansas PRODUCT GRADE IN ORDER OF PREFERENCE (IF ALTERNATE EST QUANTITY PRODUCT IS OFFERED, REFER TO (GALLONS) SUBITFM NO, 6457 AN'D MIL STD-1548) ifa licablc PER GALLON UNIT PRICE KFYV - BR JetA w FSII 173,311 4.38605 IL REFUELLING OPERATOR IN FORMAT,10N. ,NOTE: (fusing ocher than the prime contractor as a rcfucicr, scc paragraph (g). A. NAME ADDRESS TELEPHONE NUMBER City of Fayetteville 4500 S School Ave Suite F Aviation Service Fayetteville, AR 72701 B. SOURCE 01, PRODUCI'S OFFERED: NAME ADDRESS 479-443-4343 FBO Customer Service Desk 479-718-7642 Airport Administration Avfuel Corporation 1700 South Union, Tulsa, OK 74107 C. CONTRACTOR REPRESENTATIVE OR AGENT. (Full name, address. and phone number ifdifFerent fmm ILA.) Janessa Hamm, FBO Customer Service Representative James Nicholson, Airport Financial Coordinator SP0600-14-R-0221 OSP7-21 YI1. POSTED AIRPORT PRICE. THE. POSTED AIRPORT PRICE AS OFTIJE BASE REFERENCE DATE AUGUST S. 2014 (speci(y any taxes included). 6.08 per USG Taxes: Inc all taxes', Fed Excise Enviro and statellocal sales tax i.e. the posted commercial retail price VIII. ADDITIONALINFORMATION. A. Does your company have world wide vveh/internet access? [ X ] Yes [ ] No NOTE-: For those companies with internet actress, 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 lit tp:lf+ve'w.desc.dla.m i11PublicPacedl) usiness.cfm. B. Does your company have a web site? [ X ] Yes { ] No If yes, what is the web address? _www.aCeessfayetteville.org/government/aviation C. Does your company have email capability? ( J Ycs { ] No Ifyes, what is your email address? _ fbofax@favetteville-ar.gov or inicholso�f`yetteville ar.gov D. Is your company registered under the System for Award Management (SAM)? [ X] Yes [ ] Nu E. What is your company's Dun and Bradstreet number? 134398903 F. What is your company's CA(W code number? 6G3K3 IN. NOTES/EXCEPTIONS I. FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision. Federal Excise Taxes arc 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. ENIERGENCIES. In the event ofan emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420. B-0002 B19.35 ECONOMIC PRICE ADJUSTMENT— MARKET PRICE (DOMESTIC iNTO-PLANE)(0LA ENERCYJA1N 2012) (a) WARRANTS. The Contractor warrants that— (1) the unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision; and (2) The prices to be invoiced hereunder shall be computed in accordance with the conditions of this contract provision. (b) DEFINITIONS. As used throughout this contract provision-- (1) The term base price means the unit price set forth opposite the item in the contract Schedule. (2) The term market price means the price or average ofprices for the same or similar item, as set forth in the publication(s) listed in the table in paragraph (h) below, from which the base price is to fluctuate. (3) The term base market price means the price or average of prices, as set forth in the publication(s) listed in the table in paragraph (h) below, in effect on the date listed in the RFP. (4) The terra date of delivery means the date and time product under this contract is delivered into -plan. (S) The term week is a consecutive seven-day period beginning on a Monday. (c) Nun FICATION. The Contractor shall notify the Contracting Officer, Defense Logistics Agency Energy (DLA Energy), of any change in the market price by facsimile within 14 days from the date thereof. (d) ADJUSTMENTS, (1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract modifications in accordance with the conditions set forth in this contract provision. One adjustment shall be trade for each week during which the market prices have changed and shall become effective on the first day ofthe week Any increase or decrease shall apply only to deliveries made on or alter the first business day of the week and not die publication date ofthe trade price service or commercial journals listed in the table in paragraph (h) below. The amount of increase or decrease in the price payable under the contract shall be the same number of cents or fraction thereof that the market price increases or decreases per like unit of measure. (i) In the event the Contractor fails to notify, the Contracting Officer ofany increase/decrease in market price, such increase/decrease shall apply only to deliveries made on and after die date ofreceipt by the Contracting Officerofa written notification from the Contractor of such increase/decrease. (ii) DAY OF PUBLICATION. Except for items employing the publications listed in (A) and (B) below, the market price in effect on the date of delivery shall be that items preselected market price published on the Monday of the week in which the delivery is made or, in the event there is no publication in that week it shall be the item's preselected market price as last previously published. NOTE 1: Oil Price Inibmtation Service's (OPTS) Petroscan data is dated on a Thursday but is incorporated into the following Monday's "hard copy publication. OFFER SUBMISSION PACKAGE (OSP) m DOMESTIC-INTO-PLANE/PURCHASE PROGRAM 2.3 SOUTH SOLICITATION SP0600-14-R-0221 PERIOD OF PERFORMANCE: 01 APRIL 2015 THROUGH 31 MARCH 2O19 INSTRUCTIONS: CLOSING DATE 22 SEPTEMBER 2014 @ 1:IlOPM FORT BELVOIR, VA - EASTERN 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) - SE&,n and date in ink or digitally in Blocks 30a, b and c. Include your company name, address, telephone, and fax, DUNS and CAGE numbers in Block 17a. X Schedule B-0001/B 15.01 — Fillable Schedules I through Vill. 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.sani.aov. Provide a screen print of your SAM banking info. 3. Any vendor submitting multiple location offers, prefer one OSP with separate Breakdown Sheet, B 15.01 and 315.35 submissions. Combined offer must use corporate office address and banking information. Resulting award would contain multiple locations. 4. For offers submitted via e-mail (DLA-Energ),-PFI.RequiE-ements car dla.mil): Please ensure that your offer is signed per FAR 52.212-L The maxi um file size is lU'iC�I�B-(JAW L2.n-df 5. For offers submitted via facsimile (703-767-3506): Please limit your facsimile transmission to the contents of this Offer Submission Package. 6. Provide a Supplier Invoice with the Price You Paid for fuel on the BASE REFERENCE DATE of 5 August 2014 (Invoice Dated: 5-I1 August 2014). By suhnz&-cinn a%this package, rQu agree to the t rni . and comlitiala QLQe enfiry Soficilation with Amendrnentc, unless clearly stated herein. S P0600.14. R-0221 OSP2-22 OFFERORS ARE REQUIRED TO ENSURETIIAT'Ci-IE VOLLOIYING FORMS OR CONTRACT PROVISIONSARE CO'MPLETEDAS REQUIRED (AND AS APPLICARLEON AN ORIGINAL SOIACITA"I ION AND RETURNED BV THE CLOSING DATE OF 22 SEPTENIBER 2014. 1:00 P.NI., EASTCRN TIME STANDARD FORAM 1441) (SOLICITAT[Oj/CONTRACT/ORDER FOR COsNUMERCIAL ITEHIS) ✓f OFFEROR PRICE 13REAKDp1VN SHEETS (JEl' A /JEI' A-1/JP S AND RAPID REFUELING UNTO -PLANE) ,X SUPPLIER INVOICE WITI4 THE PRICE YOU PAID FOR FUEL ON AUGUST S, 2014. CONTRACT PROVISIONS: R-0001 — 1315.01, SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO —PLANE) (DLA ENERGY —/ (AUG 2013) L5f 0-0002 — B19.3.5, I;CO�\O�SiC PRICE ADJUS'CA9ENT— MARKET PRICE (DOMESTIC INTO —PLANE) (I)LA ENERGY JAN 2012) X/ G-0002 — G4.07, ELI;CTRONIC TRANSFER OF FUNDS PAYMFNTS - CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007) 1T/ K-0002— 1<33.01, AUTHORIZED NEGOTIATORS (DLA ENERGY APR2007) s8• FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MA-1-1-ERS (JUL 2013) 14�FAR CLAUSE 52.212-3/I/11, OFFEROR REPRESENTATIONS AND CERTIFICATIONS — MKMERCTAL ITENTS (ALTS I/11) (MA)' 2014) OFFER PRICE BREAKDOWN SHEET INTD-PLA\'E/ INTO -TRUCK [Jet A (AR)/(DR)/(DG) IJP3 (8V)j AIRPORT NAME, AND ICAO/FAA CODE: Fayetteville Ex2cutivg Airl)ort,Drake Field - KFYV (Identify the airport you are offering on and its ICAO code) REFERENCE DATE: AUGUST 5, 2014 PUBLICATION PRICE (OPIS/PLATTS) FOR THE ABOVE REFERENCE DATE PRICE YOU PAID FOR YOUR FUEL ON ABOVE REFERENCE DATE: FREIGHT (state if"INCLUDED" in price or if "NONF") AIRPORT FLOWAGE FEE (if applicable): STATE/LOCAL TAXES & FEES - Specify iwdrec type (e.g, State 8_, local taxes. environmental and oil spill taxes. inspection fees) & amount per Contract Provisions 128,02.2 nncl AIS7: AR Petro Environmental Assurance Fee $ 0.0030 d.I L.U.S.T. Tax S 0.0010 d.2 Federal Oil Skill i il' and Tax $ 905 d.3 AR SajU Tax (0,4400) - US Gov_EXFMPT S 0.0000 d.4 TOTAL STATE/LOCAL TAXES & FEES (Must equal d.l through d.4): INTO -PLANE / INTO -TRUCK FEE: TOTAL UNIT PRICE OFFIERED NY/O FSII JET A/JET A-1 w•/o FSII (AR)/(AU) PRICE: FSII: (if nonc,state "N;one.") TOTAL UNIT PRICE OFFEREDyV;FSII JET A/JET A - I w1FSI1 (BR)/(BU) PRICE: j(BG) / (BV) PRICE (if applicable)] INTO -PLANE SP0600-14•R-0221 OSP3-22 $ 2.87890 $ 3.05560 A. $ included B. $_ 0.10000 C. S 0.005905 D. $ 1.225000 E. (sum orA Ihru E) S 4.386505 F. $ 0,00000 G (sum of F and G) $ 4.386505 H. 5 POSTED AIRPORT PRICE (For AUGUST M 2014 Reference Date) WITHOUT TAXES (i.c., State/FET): $ 5,3130 [COMMERCIAL PRICE] PUDLICATION SELLCTED FOR REFERF;N'CE PRICE ADJUSTIJIENT (OPIS / PLATTS & I-IEADII\C OPTS: PLATTS: Group 3 Jet Kero Prev Week 5-day Avrg of the Mean NOTE: Prices will change on I I :Monday IXj Tuesday I I Weekly j I Other .AN/FUEL CORPQRATfON GLOBAt SUPFLIER OF AVIATION FUEL AND SERVICES AVFUEL CORPORATION Invoice PO BOX 1387 ANN ARBOR, MI 48108-1387 1MW.AVFUEL.COM Invoice 006591158 Invoice Date 08/05/14 Ship Date 08/04/14 Bill To Number Ship To Number Cust.P.O.# EL # Terr./Sales COFA COFA 4 9 IA.TA CODE: OKTULM TAIL NUMBER: TICKET NUMBER: CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE 4500 S. SCHOOL AVE. 4500 S. SCHOOL AVE. SUITE F SUITE F FAYETTEVILLE AR 72701 FAYETTEVILLE AR 72701 Shipped Via UNITED PETROLEUM Order Number 5969756.00 Product No. Description Price Ordered Shipped Extension OlLrw 00 JET FUEL WITH FS 1356056 $3.05556 9057 7938.0 24255.04 Sub -Total ARPEAF AR PETRO ENVIR ASSURANCE FE $0.00300 7938.0 24255.04 23.81 ARSRY. AR SALES EXEMPT - RESELLER 0.00000% 24278,65 0.00 KEROFL FEDERAL KEROSENE LUST TAX $0.24400 7938.0 1936.87 SUF SUPERFUND/OIL SPILL FEE $0.00191 7938.0 15.16 Invoice Total 26,230.88 AVFUEL RELEASE it 9127557 Due : 10 Days Terms: Net 1.000% 10 Days Date Disc. Date Disc. Amt, Net Amount 08/15/14 08/15/14 242.55 25,988.33 C O N F I D E 14 T I A L a*' ORIGINAL INVOICE (NOT A COPY) FOR BILLING INQUIRIES PLEASE CALL R00-645-9i17, INTERNATIONALLY DIAL 734-272-4105. IF NOT PAYING BY EFT, PLEASE REMIT PAYMENT TO; DEPT. 135-01 AVFUEL CORPORATION, P,O. BOX 61000, DETROIT, MI 48267-0135 LATE PAYMENT PENALTIES IN THE MAXIMUM AMOUNT PERMITTED SY STATUTE WILL BE CHARGED ALLOW FOR MAIL TIME FOR RECEIPT OF PAYMENT REFERENCE INVOICE NUMBER ON PAYMENT SP0600-14-R-0221 05P4.21 SECTION B: SUPPLIES OR SERVICES AND PRICE/COST B-0001 BI5.01 SUPPLIES AND ESTIMATED QUANTITIES TO BE FURNISHED (INTO -PLANE) (DLA ENERC)' AUG 2013) (a) (1) The contract quantities shwvlt 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 luealion even though the quanthies actually rcquirrd during the contract period may be greater or less than the estimated quantities, except as provided for in tile DELIVERY -ORDER LIMITATIONS contract provision. (2) The estimated quantities show•tm in the Schedule do not include quantities that may be required by the Govemment for military exercises that arc conducted at the specific airport location. The GBVemmnent reserves the right to support mililaryffederal exercises by using Govemment-furnished file], cquipment: and personnel. (3) In addition, if Government facility is located at the airport. tic GovernmcntshalI only order from the Con tractor tile Govemmmerifs 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 dial the Government may itself furnish within its o%vn capabilities. (b) REQUIRENiC\"TS. This is a requiremenis contract forthe supplies urscrvices specified and cfrective for the period stated in the ORDERING (INTO -PLANT) contract provision. (1) The quantities ofsupplies or services specified in the Schedule are best estimates only and are not purchased by this contract. Except as this contract may othenvise provide. i f the Government's requirements do not result in orders in the quantities DLA Energy described as "eslimnled" 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 uecordance with the ardering provisions herein. Sub ,lect to any limitations in the order limitations provisions hcrcin or elsewhere in this contract. the Contractor shall furnish to the Guvernmenl 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 ec+ntract otherwise provides. tine Government shall order from the Contractor nil the supplies or services specified in the Schedule that arc required to be purchased by the Government activity or activiliesspecified in the Schedule. The Government is not required to purchase from die Contractor requirements in excess ofany limit on total orders under this contract. However, the total quantity ordered and required to he delivered by the specified method ordelivery 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 ol'an item before the earliest date that delivery may he specified under this contract. and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire die urgently required goods or services fi-om anather source. (4) Any order issued during the effective period ofthis conlret and not connpleted 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 i f the order «ere completed during the contract's e.`Tectivc period: PROVIDED. that The Contractor shall not be required to make any deliveries under this contract alter the end of the stated delivery period. (c) enless othcmise 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 lime airport property where the refueling will be performed. Delivery shall encompass all delivery methods availahle at the airport (hydrant. truek, etc.). Excepliuns to this must he stated prior to award. (d) Prices indicated hercundcr are subject to the ECONOMIC PRICE ADAJSTAIFNT-MARKET PRICE (DOMESTIC INTO - PLANE) contract provision for the contract period. (e) For Electronic Point ofSaie (POS) infommatlon. refer to the DEL1V[RY AND INVOICINC5 REOUIREMENTS (INTO -PLANE) contract provision. (f) For A9anuel delivm processing. the U.S. Government will provide the fnilooying: (1) :NIFCHA:NICALliMPRINTL•RS. Onlyoneimprinter will beissued foreach iocationUpon award. Ifadditionalimprintcrs are needed, it will be at the sole discretion of the Contracting Officer. Requests for initial Bartiznn Mechanical Imprinter, ,Model Number 47h0-100- 20 or equal, must be submitted la— ATTN: DLA ENERGY.RRIZ 1014 BILLY MiTCHELL BLVD SAN ANTONIO, TX 79226 Facsimile: (210) 925-0555 Email: (2) DD FORM 1898. Request for initial and re -supply of DD Forms 1999 must be submitted in writing (on company letterhead) referencing the contract number and the quantity of DD Forms 1898 needed via either email or facsimile 30 days prior to the dale additional forms arc required. Submit email rtyuesls to pD18')8•:ulnhiuiri•ntt�ail.tlansdln.mil and facsimile requests to (215) 697-2424. The Conlraclor %%ill return all unused DD Forms 1898 at the expiration aftme contract unless a follow-on contract is awarded. (g) Any prime enntmetor using another source as a refueler ryl UST submit a Commitment Lcller from that Fixed Base Operator (FBO) indicating d:cir support as the print contractor's refueling operator. I. iC11f;Dl;LE AIRPORT LOCATION IDENTIFIER: KFYV AIRPORT LOCATION: Fayetteville, Arkansas I'RODUC'I' GRADE IN ORDER OF PRF.FERCNCE- (IF ALTERNATE EST QUANTITY PRODUCT IS OFFERCD. REPFR TO (GALLONS) SUBITEM NO, M57-AND MIL-STD-1548) _fifannlicable) „i PER GALLON UNIT PRICE KFYV - BR JetA, W FSII 173,311 4.38605 11, REFUELli\GOPERATORIs\i,'ORrIATEO\. NOTC: Ifusingotherthmfdie prime contraclora5amfueler.see paragraph (g)• A. j\' AME ADDRFSs TFLUMONENUMBER City of Fayetteville 4500 S School Ave Aviation Services Fayetteville, AR 72701 R. SOURCE OF PRODL•CI'S OFFERED: NAME ADDRESS STUM 14 • R-0221 OSP5.21 479-443-4343 FBO Customer Service Desk 479-718.7642 Airport Administration Avfuel Corp. 47 West Ellsworth, PO Box 1387, Ann Arbor, MI 48106-1387 C. CO\TRACTOIZ REnusr•.NTATIYE OR AC EINT. (Pull names addrcss, and phone number if different from 11.A.) Janessa Hamm, FBO Customer Service Representative James Nicholson, Airport Financial Coordinator SP0600-14-R-0221 OSP6-21 III. HOURS I?UI(I\G \VIIICH SUPPLIF.SlSER\'iC>~S 1\']LL BE r1\'r11Lr1i3LE: (Seethe GENERAL. DELIVERY CONDITIONS paragraph of file DELIVERY AND INVOICING REQUIRE,\IEN'TS (INTO-I'LANE) contract provision.) [ ] 24 hours per day. 7 days per week (preferred) OR [ X ] Other (Specify hours/call-out capability, and phnne number for call -nuts): Haursofopermion: 0600-2200 Local M-F, 0800-2000 Sat, Sun, Holiday Phone/PagcrlCettular Nwuber (please identilv): 479-443-4343 phone Ansivering service and contact number: NIA Is advance notice required rot aner-hours delivery? ( X I Yes [ ] No Yves. how far in advance (days. hours, minutes, etc.)? I hQuL_ Will there be a Call -Out Fee for after-hours delivery? IX j Yes* [ ]Teo 'If ycs. speeifj the amount and hole charged (be occurrence or by hour). Occurrente is defined as a dispatch to refuel. regardless of number of aircra n serviced). S 75.00 [ X ] 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 orafter-hour delivery requirements. into -plait fitel may be procured from another source. IV. A]RPORT FEES A-s`01011 CHARGES APPLICABLE TO U.S. CGOVEMMENT AND INCIAiDED_IN THE SECTION I, UNIT PRICE ABOVE. (See the Al RPORT FITS ANDIOR CHARGES contract provision.) NAME ANO ADDRESS IN FULL OF AUTHORITY AMOUNT OF FEES AND/OR CHARGES PER GALLON TO WHQM FEE ANDIORCHARGE IS PAID City of Fayetteville, Arkansas AND GR 1D - OF PI U t_ ' APELICABLE 0.101gal - Jet A V. NOsNPRODtICT ]TEM CHARM NOT INCLUDED 1N THE SECHO,N 1. 11NIT PRICE ABOVE. SUBITEM NO, PRODUC TYPE QF CHARGEUN1T PRICE KFYV BR Callout S75.00 \'1. NONREFUNDABLE DUTIES AND TAXIS NOT I\ LUDED IIN THE SECTION UNIT PRICE 1BOVr•,. UU13ITChI N0. PRODUCI TYPE OF CH R E DUTY TAX KFYV BR FET 0.218 SP0600-14-R-0122i OSP7-21 VI1. POSTED AIRPORT PRICE. THE POSTED AIRPORT PRICE AS Or THE RASE REFERENCE DAME LI GUSTS. 2014 (specify any taxes included). 6.08 per USG 'faxes. Inc all taxes; Fed Excise, enviro and statellocal sales tax, i.e. the posted commercial retail price vlll. ADDITIONAL INFORMATION. A. Does your company have world %vide wehlinierncl access? [ X ] Yes [ ) No NOTE: For those companies with inlerilet access. DI.A FNERGY will not issue paper copies of price change modifications for any resultant contract as these same price changes are avaiiable on the DLA ENERGY Idome page at bttp:tiivrv%v.dcsc.d la.milfPabliePa-,csll3asiness.efm. 13. Does your company have a ,vcb site? [ X ) Yes [ 1 No f yes, what is the web uddruss? C. Does your company have entail capability? [ X J Yes [ ! No if ycs, what is yourernaii address? fbofax@fayetteville-ar.gov or inicholsonLa�favetteville-ar pOv D. Is your company registered under the System for Award Management (SAA4)? [X ] Yes [ J No E. MIlial is your company's Dun and Bradstreet number?—134398903 F. What is your company's CAGE code number? I.N. NOTES/EXCEPTIONS, I. 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 deliverie.5 are to be invoiced and paid separate[),. Military deliveries are to be rcimbursud by the Internal Revenue Service (IRS). 2. EMERGENCIES. In the event ofan emergency during nonduty hours (nights, weekends, and holidays), please contact the Command Control Center at (703) 767-8420. B-0002 B19.35 ECO`OP•IICIIRICEAD.I(JSTr%•IENT—IIARKETPIiICE(DOi1.1L•STICIN'l-O-PLANE)(DLA ENERGY,OAN 2012) (a) 1VARRANTS• Tlie Contractor warrarrts that— (1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this contract provision. and (2) 111e prices to be invoiced hereunder shall be computed in accordance -ith the conditions of this contract provision. (b) DEFINITIONS. As used throughout 1hiS Wntrdct provision— (1) The term hase price means the unit price set forth opposite the item in the contract Schedule. (2) The tens market price means the price or average of prices for the some or similar itern, as set forth in the publications) listed in die table in paragraph (h) below. from which the base price is to fluctuate. (3) "11ie tern base market price means the price or average of prices. as set forth in the publication(s) listed in the table in paragraph (h) below. in effect on lire dale listed in the RFP. (d) The term date of deliver-• means the date and tirlic product under this contract is delivered into -plane. (5) The lentil week is a consecutive seven-day period beginning oft a Monday. (c) NOTI FICATION. The Contractor shall notify the Contracting Officer. Defense Logistics Agency Energy (DLA Energy), orally change in the market price by facsimile within 14 days from the date thereof. (d) ADJOSTMENTS. (1) The prices payable under this contract shall be adjusted upward or downward through issuance of contract modifications in accordance with the conditions set forth in this contract provision. One adjustment shall be made for each week during which the market prices have changed and shall becorne effective on the first day of the %week. Any increase or decrease shall apply only to deliveries made on or after the first business day of the wveek and not the publication date of the trade price service or commercial journals) isted in the table in paragraph (II)below. The amount of increase or decrease in the price payable under the contract shall be the same number of cents or rrdclion thereof that the market price increases or decreases per like unit of measure. (i) In tine event die Contractor fails to notify the Contracting Orlicer ofan- increascldecrease it) market price. such increascldecrease shall appiy only to deliveries made on and after the dale ofreceipi by the Contracting Of<cer of n written n0drication from the Contractor of such increaseldecmase. (ii) DAY OF PUBLICATION. Except For items eniptoying the publications listed in (A) and (B) below, the market price in cfrect on die date ofdelivery shall be that iienn's prcselected market price published tin the Monday of the week in which the delivery is made or; in the event there is no publication in that week. it shall be the items preselected market price as last previously published. NOTE i s Oil Price Infonnalion Service's (OPTS) Petroscan data is dated oil a Thursday but is incorporated into lie following Monday's "hard copy"publication. S P0600-14 •R-022 i OUR•21 i NOTr 2: DL A Energy downloads the electronic versions of the price publications (i.e., Plalts, OP1S). Occasionally, a slight discrepancy may be noted between the prices pasted on the electronic version and the printed (hard copy) version. In such an event, the prices posted in the electronic version shall be used in detcrlrining ud�iustmcnts under this contract provision. (A) PLA I'S OILCRAM PRICE REPORT. For ftems employing Plalts Oilgram Price Report spot Price Assessment. with an effective day of Monday or Tuesday of each week, the market price in effect on the date of delivery shall be Thal item's preselected market price officially on the electronic version on Monday's containing prices clleelive on the prior Fridlay of the week in which the delivery is made. For items enipluying Plalts Oilgram Price Report 5 Dav Rolling Average. the market price in effect urn the date of delivery shall he that item's preselected market price published fur 5 days ending nor the Friday prior to the week in %itich lire delivery is made. N lamtally, the average will be Monday through Friday_ however. in the event of a holiday ar other ncutrrence(s) for which Plalts dots not make an effective price. the closest effective price dale(s) prior to Monday will be used to complete the 5 Day Rolling Average. (B) When n combination of hvo different publications is utilized, the earlier date of the week shall control if differing published dates are used. (2) The Contracting Officer shall calculate the adjusted prices based on the difference between the base market price and die market price. This difference shall be added to or subtracted from the base price to arrive at the current prices pnynblc under this contract. week. (3) The prices payable under this contract for any given week will be based on the last market price effective during the preceding (4) The Contracting Officer shall issue a modificatiun us soon as practicable afler such pricc becomes effective. However. no modification incorpornting an increase in a contract unit price shall be executed pursuant to this provision until the increase in the applicable published market price has been verified by the Contracting Officer or authorized representative. (5) Contract price adjustments shall be provided via notifrcalioi through contract modifications andfor posting to the DLA Energy web page at Ittlnalwwuv.desc.dl:r.nhii under the heading Vendor Retotwmt and then Product Price Adjustments. (6) The Contractor shall invoice and will be paid at the price set forth in the modification. (7) FAILURE TO DELIVER. Nalevidistanding tuty other conditions afthis contract provision, no upward adjustment shall apply to product scheduled under the contract to be dclivcicd before the ei eclivc dale of lire adjustment, unless the Contractor's failure to deliver according to the delivery schedule results FYom causes beyond the Contractor's control and without its fault or negligence. within the meaning of paragraphs (0, Excusable Delays. and (in). Tennination 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 cquilnble extension of tic delivery schedule. (S) UPWARD CEILING ON ECONO:•IIC PRICE ADJUSTNIll;NT. The Cunlydciuragree5 that the total increase in any contract unit price pursuant to these econurnic price adjustment provisions shall not exceed S7S percent of the award price in any applicable progmm year (whether a single year or a multiyear progrdrn), except as provided hereafter. (i) ]fat any time sire Contractor has reason In believe that within the near future it price adjustment under the conditions of this contract provision will be required that will exceed the current cantraet 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 dricunientation as requited by the Contracting Officer. (ii) Van actual increase in the market 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 ofthe increase, until the Contracting Officer issues either a enntract modification to raise the ceiling or written notification that the ceiling will not be raised. (9) REVISION OF MARKLT 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— ilte 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 io reflect market conditions. If the parties fail to agree on an appropriate substitute. the matter shall be resolved in accordance with paragraph (d), Disputes. oFlhe CONTRACT TERuMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract. (e) CON VERSION FACTORS. if this contact provision requires quantity conversion for economic price adjustment purposes. the conversion factors for applicable products. as specified in the CONVERSION FACTORS provision, apply unless othenvise specified in tilt Schedule. (f) EXA-MINATION OF RECORDS. The Contractor agrees that the Contracting Offrccr or designated representatives shall have the right to examine the Contractor's books. records, documents, or other data the Contracting Officer deenis nectssary to verify Contractor adherence to the conditions of this contract provision. (g) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by diis contract provision. (It) TABLE. The publication(s), market price(s), and other per•tincrit data are as follows: Location where market Nanhe of Base market price Item Npinber Publication _Price is applicable NO ducl as of Aucu.cf S, 2014 KFYV -BR PLATTS Group 3 Jet Kero 2.8789 SP0600-N-11-0221 OSP9-21 C-0002 C9.07 ELECTRONIC TRANSFER OF FUNDS PAYiRIFNTS-CORPORATE TRADE EXCI-IANCE (DLA E\°ERCY dUL 2007) (a) The Contractor shail supply the following information to the Contracting Officer no later than 5 days aRcr contract award and Wore submission of the first request for payment. 'flee hank designnted as the receiving hank untst be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions. NAh E OF RECEIVING BANK: ARMEiSiTj IB A N - F Y EITT E U I L L E 1 I (DO NOT EXCEED 29 CHARACTERS) CITY AND S i ATE 017 RFCEIVING 13ANK: I Fi A Y E Ti T E V I iL IL S I At R (DO NOT EXCEED 20 CHARACTERS) AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING RANK: 1018121 910101_ 7121 ACCOUNTTYPE CODE: (Contractor to designate one) ( )<1 CHECKING TYPE 22 [ ) SAVINGS TYPE32 RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHE SES: I_4I 8140 0 0 A410'6 1 _I I I I I (DO NOT EXCEED IS CHARACTERS) RECIPIENTS NANIF: CITY O, F F AIY T T V I L (DO NOT EXCEED 25 CHARACTERS) STREET ADDRESS: Llt1131 INI 1 iO4.UI N TJAI I N S T (DO NOT EXCEED 25 CHARACTERS) CITY AND STATE: I Ft A Y, E T TEI M I I LiL I E A (DO NOT EXCEED 25 CHARACTERS) NOTE•.: Additional information may he entered in EITHER paragraph (h) OR pntxigraph (c) below. Total space available for informadon entered in (b) OR (c) is 153 characters. (b) SPECIAL INSTRUCTIONSlOTHER IDENTIFYING DATA: I PLEASEIINGLW[ EIT1-IEFQL _ WI�V IDFNTIEYfN,GINQTATIO,N.- l 1 1 i t AIRPORT DL)4 �Ef�IITT��VCE" (' ] i I I t i i t I I,.._I 1 I I I E I ..L_l— 11 11 1 1 I (I 1 l (DO NOT EXCEED 153 CHARACTERS) OR (c) Tlf IRD PARTY IN FOR:NlATIO.N: Whcrc payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractoes account, the following information mast be supplied by the Contractor: Second Bank Nante, City/State and/or Country. Account.Number, and Account Name. (DO NOT EXCEED 153 CHARACTERS) S POGM N-R-022I OSP 10-21 (d) CONTRACTOR'S DESIGNA-rl.n OFFICIAL Sl!B�1rrP1NC ELECTRONIC FUNDS TRANSFIER IiNFORNlr1Tio$\, NAME: LJAMES: Nie»oLS©N I! I i I I I (DO NOT EXCEED 25 CHARACTERS) TITI,F: I_�WRRRT FINANGI t R Lq I I I I I ,1_1 I I (DO NOT EXCEED 25 CHARACTERS) TF..LEPHONE NUMBLR: L79-71I817Q4R (DO NOT EXCEED 25 CHARACTERS) SIONATURE: l�ting (e) Any Chang by the oor in designation of the bankaccount to receive electronic. transfer of funds in aecordance .with [his provisionmusthereceiv by t CoOfriccr no later than 30 days prior to the date the change is to became effective. (1) '17te electromt ansfer of funds does not constitute an assignment of such funds in any form or fashion. (g) In the event corporate trade exchange (C'rX) payments cannot be processed, the Government retains the option to make payments under this contract by check. (h) NOTICE TO FOREIGN SUPPLIERS. (1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated m the receiving bank must be located in the United States .and must be capable of receiving ACH transactions, The appropriate American Bankers Association nine-digi: identifier must be supplied in order for payments to be processed through CTX. (2) if yournecount is with a foreign bank that has an account %%itlr a batik located within the United States, the U.S. bank may be designated as rile receiving bank. The recipient's namtc and account number shall identify the foreign bank. and transfer instructinns to supplier's account rnust be specified in (b) OR (c) above. (3) The Third Party information supplied in (e) above will he located in the first RMTscgnient ofthe CTX payment information sent to the receiving bank. (i) Notwithstanding any other provision of dtc contract, the requirements of this provision shall control. K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA IENERCY APR 2007) The offeror or quoter represents that (lie rolloning persons are authorized to negotiate oil its behalf +with Ate Government in connection wish this request for proposals or quotations. NAME TITLE, _ — PI.19NE NUMBER - __f=--MAIL ADDRESS ^_ James Nicholson, Airport Financial Coordinator, 479-718-7642, jnicholson@fayetteville-ar.gov FAR .52,209-7 INFORiIATiON RIEGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Drfilririonr. As used in this provision — "Administrative proceeding="means a non -judicial protess that is ad,ludicatory in nature in order to make a determination of fault or liability (e.g.. Securities and Exchange Commission Administrative Proceedins Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Prouedings). This includes adtninistrntiwe proceeding at the Federal and State level but only in connection with performance of a Fcdcral contract or grant. It does not include agency actions such as cwntmet audits. site visits. corrective plans. or inspection of deliverables. "Federal contracts and grants with total value greater than S10,000.000`' means— (1) The total value of all current, active contracts and grants. including all priced options: and (2) The total value of all current, active orders including all priced options under indetnitc-deliver•, indefinite -quantity. $(a). or rcquirentents contracts (including task End delivery and tmultiple-award Schedule,,,). "Principal" means an officer, director. o%vrer. partner, or a person having primary management nageent or supervisory responsibilities within a business emit_- (e.g.. general manager: plant manager, head of a division or business segment: and similar positions). S 1'0600.1 a-R-0221 osP 11 -at (b) The offeror L] has LA does not have current active Federal contracts and grants with total value greater than S10.000.000. (c) If the offerur checked' -has ` in paragraph (b) of this provision. the offeror represents. by suhinission of this offer; rcoard to the following information: that the information it has entered in the Federal Awardee Performance and integrity information System (FAPIiS) is nirrcot. accurate, and complete as oft' date of submission of this o1Ter wish (1) Whether the offeror, antllor any of its principals: has or has not, within the last five years, in connection with the award to or performance by die offeror of a Federal contract or grant. been the subject of a proceeding, at the Federal or State level that resulted in anv of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) !n a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine. penalty. reimbursement, restitution, or damages of S5.000 or more. (iii) in an administrative procccding, a finding of fault and liability that results in — (A) The pavnnent of a mnnctary fine or penalty of S5,000 or more; or (B)The payment ofa reimbursement, restitution. or damages in excess ofS100.000. (iv) In a criminal. civil, or adntinisirative proceeding, a disposition of the matter by consent ur compromise with an acknowledgment of fault by the Contractor i f 11tc proceeding aould have led to any of the outcomes specified in paragraphs (e)(I )(i), (c)(1)(if). or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in ally of the occurrences listed in (c)(1) of (his provision. oncclirer the ullcror Etas provided the requested information with regard to each occurrence. (d) The ofreror shall post the infomtalion in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management dnlnhase via letgts;! Nr --. 'shin . v (see 52.204-7). (End of provision) PAR 52.212-3/1Ill OFFEROR REPRESENTATIONS AND CERTIFICATIONS — CONUNIERCIA i, ITEMS (1MA1' 2014) An offeror shall complete only paragraphs (b) of this ,provision if the offeror has completed the annual representations and certi icates etecponicaliy via hlt :?!wu•vv.acc uicitic�n.uov . Iran offeror has not completed the annual representations and certifications electronically at the System for Award Planagement (SAM) wcbsile, the offeror shall complete only paragraphs (c) through (n) of this provision. (a) Definitions. As used in this provision-- "•Econornieall)• disadvantaged women -owned snnall business (FDWOSB) concern" means a small business coacem that is at least 51 percent directly and unconditionally owned by, and the management and daily business operatinns ofwhich arc controlled by, one or more wornen %vho are citizens ufthe J)niled States and wtin are ecanookally disadvantaged in accordance with 13 CPR Part 127. It automatically qualifies as a women -owned small business eligible under the WOS8 Program, "Forced or indentured child labor" means all work or service— (1) Exacted from any person under the age of I S under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily: or (2) Performed by any person under the age of I S pursuant to a comnict the enforcement of %%iiich call be accomplished by process or penalties. "Inverted domestic corporation." as used ill Ibis section, means a foreign incorporated entity which is treated as an inverted domestic curporation under fi U.S.C. 395(b), i.e.: a corporation that used to be incorporated in the United Slates, or used io hen panncrship in the United States. but now is incorporated in a Foreign country. or is a subsidiary whose parent corporation is incorporated in a foreign country. that meets the criteria specified in G U.S.C. 395(b), applied in accordance with the rules and definitions of G U.S.C. 395(c). An 'inverted domestic corporation as herein defined dues not meet the definition of an inverted domestic corporation as defined by (lie Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means anv end product In Federal Supply Classes (FS(:) 1000-9999, except— (1) FSC 5510. Wnihcr and Relaled Basic Wood Materials: SP0600-14-R-022i OSP 12 - 21 (2) rederal Ssipply Group(FSG) 87. Agriculturat Supplies: (3) FSG 89. Live Animals; (4) FSG 89, rood and Related Consumables; (5) FSC 9410, Cnide Grades of Plant Materials: (6) FSC 9430.. Miscellaneous Crude Animal Products. Inedible: (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores: (9) FSC 9620. Minerals. Natural and Synthetic; and (10) FSC 9630, Additive Nlctal Materials. "Place of manufacture" means the place where an end product is mcmbled out of components, or olltcrtvise mude or processed from raw• materials into the finished product that is to be provided to the Government. If a product is disassembled arid reasscmbled. the place of reassembly is not the place of noaitufacture. "Restricted bUSitICSS operations" tneans business operations in Sudan that include power production activities. mineral extraction activities, oil -related activities. or the production of military equipment. as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110.174), Restricted business operations do not include business operations that the person (as that teen is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the hhrsincss can demonstrate— (1) Are conducted under contract directly and exclusively pith the regional government ofsoulhern Sudan: (2) Arc conducted pursuant to specific authorization from the Office of Foreign Assess Control in the Department of the Treasury, or are expressly exempted under Federal late from the mquircment to be. conducted under such authorization: (3) Consist orproviding goods or services to marginalized populations of Sudan: (4) Consist of providing goods or services (a an internationally recognized peacekeeping force or humanitarian orgarsixation; (5) Consist of providing goods or Services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology— (1) Means hardware; software. tciccommunications equipment, or any other technology that is to Ix: used specifically-- W To msuict the free flow of unbiased information in Iran: or (ii) To disrupt, monitor: or othenrise restrict speech of the people of Iran: and (2) Does not include information or irhforrnational materials the export orN%triclr the President does riot have the authority to regulate or prohibit pursuant to section 203(b)(3) of the international Emergency Economic Pon'ers Act (50 U.S.C. 1702(b)(3)). "Servite-disabled veteran -owned small.busincss conceni"--- (1) Means a small business concern— (i) Not less than 51 percent of which is o%%ncd by one or more service -disabled veterans or, in 01c case of any publicly mined husiness. not less tharh 51 percent of she stock of which is Owned by one or more service -disabled veterans: and 60'11le management and daily business operations of which are controlled by one or more service -disabled veterans or. in the case of a service -disabled veteran with penmanent and severe disability. the spouse or permanent caregiver of sudh veteran. SP0600-14-R-0221 O5P 1a-21 (2) Servicc-disabled veteran means a veleraa. as defitied in 38 U.S.C. 101(2). with adisabiIity that is service -connected, as defined in 38 U.S.C. 101(1G). "Srnall business concern" means a wrtceri, including iLs affiliates, that is independently owned and operated. not dominant in the field of operition in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. ":Subsidiary" means an entity in which snore than 50 percrml of the entity is 0++ned— (1) Directly by a parent corporation; or (2) Througll another subsidiary of parent corporation. "Veteran -owned shnall business concern" means a small business concern— (1) Not less than 51 percent of whit€) is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or nhore veterans: and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owncd business concern" means a concern %0lich is at least 51 percent owticd by one or more women: or in the case of any publicly o«ned �fl business, at least 51 percent of the its stock is owned by one or more women: and whose management and daily business operations are controlled by rnhe or 61 ]itore wnlmerl. ` Woillen-owned small business concern" ]scans a shall business concern -- (1) T1int is at least 51 percent owncd by one or inure women nr, in die case of any publicly owned business. at least 51 percent of the stock of which is owned by one or more women: and (2) Whose management and daily business operations are controlled by one or more women. "Women -owned small business (WOS13) concern eligible under the WOSl3 Program (in accordance with 13 CFR part 12 i )." means a small business concern flint is at lcisi 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by. one or nhorc women who are citizens orthe United Slates. (b) ( I) Aniruol Representations and Certifications. Any changes provided by the orreror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsitc. (2) The ofleror has completed the annual rtpresunlaiioas and certifications electronically via the SA>M w cbsite accessed through h(t sahvwlr.ac uisitiarl. v. Alter reviewing die SAM database information, ilte offeror verifies by submission of phis offer that the representation and certifications currently posted electronically at FAR 52.212-3.01'feror Representations and Ccrlifieations—Commercial Items, have been entered or updated in the Iasi 12 mondhs. are current; accura:c, complete, and applicable to this solicitation (including the business size standard applicable to Vie NA1CS code referenced ibr this solicitation), as of the date ol'this offer and are incorporated in this offer by reference (sec FAR 4.1201), except for paragraphs • . (Offeror to idenfi(1� the, applicable paragraphs at (c) through to) of this provision that the o feror has completed for fire purposes of !this soltcitador, anly, if m;v. These owunded repteseniwinrr(s) and er cerrificarion(s) are also incorporated in this offer and ore current, accurate, and complete as of fhe derfe of this offer. Arco changes provided t5,r dre afferor are applicable to this solicitation oath:, and do not result in art updare to the representations and certifications posted electronically on SArtf ] M Offerors niust complete flit following representations when the resulting contract is to be performed in the United State¢ or its outlying areas. Check all that apply. (1) Small business concern, llic olreror rcpresenLS as part Of its offer that it U is., 0 is not a small business concen. (2) Veteran-owncd small business concern. [Complete only ifdle offeror represented itselfas a small business concern in paragraph (e)(1) ofnhis provision.) The offeror represents as part of its offer that it [_] is. [X is not a veteran -owned small business concern. (3) Service -disabled veteran -owned small business concern. (Complete only if the offeror represented itself as a veteran -owned small business concern in paragraph (c)(2) of this provision.] 'lice ofremr represents as part of i•s otfcr that it L] is, [M is not a service -disabled veteran -owned small husincss concern. SP0600.I4-R-02it QSP 14 • 21 (4) Small disadvantaged business concern. fCnnlpletc only if the offeror represented ilsell'as a small husiness concern in paragraph (c)(1) ofthis provision.] The offeror repmsenis. for general statistical purposes. that k U is. (j4 is not. a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Wooten -ousted small business concern. (Cnnipletc only i f the offeror represented itself as a smull business conocni in paragraph (c)(1) of this provision.] The olleror represents that it (J is. [A is not a aotncn-occrlcd small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisitinn threshold. (6) WOSB concerti eligible under the WOSS Program. [Complete only if the offeror represented itself as a wouicn-owned small business concern in paragraph (c)(5) of this provision.]'I'he offeror represents that— (i) It U is. [j is not a WOSB concern eligible under the WOSB Plogrant, has provided till the required documents to the WOSB Repository. and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It U is: [_] is not a joint venture that complies with the requircincilL9 or 13 CFR part 127. and the representation in paragraph (c)(6)(i) ofthis provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. (-fire offeror Shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that fire participating in the joint venture: .] Each WOSS concern eligihlc under the WQSB Program participating in thcjoint venture shall submit a separatesigned copy ofthe WOSB representation. (7) Economically disadvantaged wnntcn•owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB cnnccm eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [J is, U is not an EDWOSB concern, has provided all (lie required docurnems to the WOSB Repository. and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is. U is not a joint venture that complies with the requirements of I: CFR part 127. and the representation in paragraph (c)(7)(i) of this pmvision is accurate for each LDWOS B concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses dial are participating in the joint venture: `] Each EDWOSB concern participating in die joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-oi%ned business c:oncem (other titan S nnll business concern). [Complete only ifthe offeror is a women -owned business content and did not represent itsel f ns a small business concern in paragraph (c)(I ) of this provision.] The offeror represents that it U is. a women -owned business concern. (9) Tie bid priority for• labor surplus area concerns. I f this is at invitation for bid. small business offerors may idenli fy the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first -tier sabconlractors) amount to more t11311 50 percent of the contract price:: (10) (Complete only if the solicitation cnninins the clause at PAR 52.219-23• NaCsce of Price Evaluation AQjusuncot for Small Disadvantaged Business Concerns. or FAR 52.219-25. Small Disadvantaged Business Participation Program ---Disadvantaged Status and Reporting; and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that cither— (A) It [_] is. [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation. as a certified small disadvantaged business concern in the SAM Dynastic Smnll Business Search database maintained by the Small Business Administration . and that no material change in disadvantaged ownership and control has occurred since its certification, and. where the conceal is owned by one or more individuals cleininig disadvantaged Status, the net worth of eac11 individual upon whom the certification is based does not exceed 5750.000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It U has, ( ] has not submitted a completed application to the S1nall Business Administrntion or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124. Subpart B. and a decision oil that application is pending, and that nn material cllmnge in disadvantaged ownership and control has occurred sinec its application %%as submitted. (ii) Joint Pentares under the Price Evalriaiioit Adjitstineru for• Saioll Disadvantnged Business Concerns. The offeror represents, as part of its offer, that it is ajoint venture [hat complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph of this provision is accurate for [lie small disadvantaged business Canaan (hat is participating in thejoint venture. (The offeror shall eider the name oj7he small disadvaruagcd brrsirress concern that is AvOicipaling in rlre joini venture: ] SP0600.1 a•R-0231 OSP1s-21 0 1) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer. that— (i) It. U is, Lj is not a IIU07_one small business concern listed, on the date ofthis representation, on the List of Qualified HUBZune Small Business Concerns maintained by the Small Business Administration. and no material changes in nv,Ttership and control. principal office. or HUBZone empluyee percentage have occurred since it %vas cenified in accordance with 13 CFR part 126: and 00 It U is. U is nut a HUBZonc joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(I 1)(i) of this provision is accur:ue for each HUBZone small business concern participating in the 1•IUBZoae joint venture. [Tire offeror shrill enter Me names of each of the WL''B7one small husiness concerns parliciparing in the HuaZorre join! venture: ] Each 131-1137-one small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the I FUBZone representation. (d) Representations required to implement provisions of Esccutive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [X has. U has rout. participated in a previous contract or subcontract subject to the Equal Opportunity elapse ofthis solicitation: and (ii) It [A has. U has not, filed all required compliance teponts. (2) Afrrnalitie Acrinn Conrpliance. The offeror represents that -- (i) It U has developed and has art rile, [A has nut developed and does not have on Fite, at each establishment. affirmative action programs required by noes and regulations of the Secretary of Labor (d 1 CFR parts 60- I and 60-2). or 60 14 [A has not previously had contracts subject to the written aninnative action programs requirement artist rules and regulations of the Secretary' of Labor. (e) Cerrificoriort Regarding Pasrnenrs ro lrrfhrerrce federal Transacrions (31 U.S.C. 1352). (Applies only i f the contract is expected to exceed $150,000.) By submission of its offer, the utleror certifies to Ilse bcst of its knowledge and belief that no Federal apprupriated funds have been paid or n•ill be paid to any person for influencing or attempting to influence an officer or employee of any agency. a YiemLer of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. 1 f any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, thc offcror shall complete and submit, with its offer. OMB Standard Form LLL, Disclosure of Lobbying Activities. to provide the name of the registrants. The o Teror need not report regularly employed officers or employees of the offeror to whom payments of reasonahle compensation were made. (f) ki,Anrer-ican Cerrificare. (Applies utd). if the clause at Federal Acquisition Regulation (FAR) 52.225-1. Buy American — Supplies, is included in this solicitation.) (1) The offeror cerlifits that each end product. except those listed in paragraph (I)(2) of this provision, is a duntestic end product and that for other than COTS items. the offeror has considered components of imkno%ii origin to have been mined, produced, or manufactured outside Ilse United States. The olTeror shall list as foreign end products those end pruductt manufactured in the United States that do not qualify as donseslic end products, i.e.. an end pmducl that is not a COTS item and does not meet the component test in paragraph (2) of the dcrinition of "domestic end product"The temts "commcrc:ially avaitable off thc-shclf(COTS) item'" "component." "domestic end product.` "end product." "foreign end product," and "United Stales" are defined in the clause ofihis snlicitation entitled "Buy American —Supplies." (2) Foreign End Products: 1 [List as necessary) 'COUNTRY OF ORIGIN Ti 1 (3) -ncc Government will evaluate offers in scmrdance with the policies and procedures of F:AR Pan 25. srnaoo-14R.0221 (g) OSP I6-21 ( l) Buy Anrerican -- rree Tradc Agreemenrs -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52,225-3, Buy Arerican .- Free Trade Agreements -- Israeli Tradc Act, is included in this solicitation.) (i) The offemr ecriiFics that each end product. except those listed in paragraph (9)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end Product and that fur other than COTS items, the offeror has considered components of unkuot.n origin to have heen mined, produced, or manufactured outside the United States. The terms "Rahrainian, k1oroccan. Omani, Panamanian. or Peruvian end product," "commercially available ofl•tlte-shel f (COTS) item." "cnmpnnent,°""domestic end product," "end product." "foreign end product," "Free Trade Agrecmrnt country," "Free Trade Agreement country end product::' `9sraeli end product." and '`United States" art; clef ned in the clause of this solicitation entitled "Ruy American• -Free Trade Agrecmcnts--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Frec'I'rade Agreement country end products (other than Bahrain)an, Moroccan. Omani. Panamanian, or Penn•ian end products) or Israeli end products as defined in the clause of this solicitation entitled "Guy American —Free Trade Agreements —Israeli 'trade Act": Free Trade Agreement Country EnJ Products (Other than Bahroinian_ Moroccan. Omani, Panamanian. or Peruvian End Products) or Israeli End Products: ILfNE [1'Et9 VO. iCOUNTRY OF ORIGIN it [List as neeessarti[ 60 The offeror shall list those supplies that are forcignn end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buv American --Free Trade Agreements —Israeli Trade Act." The offeror shall list as other litreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e.. all end product that is not a COTS itctn and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NU. ;COUNTRY OF ORIGEN•--- - -_-- - - �-- [List as necessary) (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Pak 25. (2) 13gvAmerirnn—rree Trade Agrermerrls--Isrrteli T,adr. Act Cerrlfrcare. Alternate 1. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the folltawin� paragraph (g)(1)(ii) fur paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The gilear certifies that the followine supplies arc Canadian end products as defined in the clause of this solicitation entitled "Buy American —Free Trade Agrecrnents—Israeli Trade Act": Canadian End Products: Line Item No.: (List as necessarli j (3) BuvAnrerican--rree Trade .tl{reenreirls—Israeli Trade Act Certificate. Alternate N. If Alternate 11 to the clause at FAA 52.225-3 is included in this solicitation, substitute the Iotlowing Paragraph (g)(1)(ii) farparagraph (9)(1)(4) oPthe basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American --Free Trade Agrcemems.-Israeli Trade Act": SP0600-14•R-0221 OSP 17 - 21 Canadian or Israeli End Products: ,Line ]tern No.: [List as necessartl (4) Bud knerican--1 ire Trade Trade Act C¢r•tifieale, Alternate iII, 1 f Alternate I Il to the clause at 52,225-3 is included in this solicitation, substitute the following paragraph (g)(O(ii) for Paragraph (g)(06i)of the basic provision: (g)(O(H) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainiatt; Korean, Mumccan. Omani. Panamanian. or Peruvian end products)or Israeli end products as defined in die clause of this solicitation entitled "Buy American --Free Trade Agreements —Israeli Trade Act": Free Trade Agreement Country End Products (Other than Products: Bahraininn. Korean, Moroccan. Omani. Panamanian, or Penvian Fnd Products) or Israeli End l ine Itcm Na.: [List as necessary) Cuuntry ol'Onl-in: --� (5) Trade,tgreenrenis C.'artifrcate. (Applies only if the clause at FAR 52.225-5, Trade Agreements. is included in this solicitation.) (i) The orrcrnr certifies that each end product, except those listed in paragraph (g)(5)(ii) orihis provision. is a U.S.-made or designated country end product as defined its she clause of this solicitation entitled "Trade Agreements." (ii) The offeror shal I list as curer end products those end products that are not U.S.-made or designated country end products. Other End Products i,ine Item iVo.: i ountryofOrigin: r [List as rrecessani (iii) The Government will evaluate offers in accordance with the policies and procedures orFAR Pan 25. for line items covered by the 1VTO GPA. the Gnvcmrnenl will evaluate offers of iI.S..made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers orU.s.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient ro rhtl fill the requirements ofthe solicitation. (h) Certification Regarding Re.+7ransibilin : icaters (&eaufi-e Order 12689). (Applics only ifihe contract value is expected to exceed the simplified acquisition threshold.) The orrerur certifies. to the hest of its knowledge and belief. that the offeror and/or any of its principals-- (1) U Arc, L are not presently deharred, suspended, proposed for debarment, or declared ineligible [or the award of contracts by any Federal aacrle} ; 5P0G0t}14-11-0221 05PIN-21 (2) U Have. U 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 of%use in cotulection %% th obtaining, attempting to obtain. or performing a rederal, state or local govemment cuntract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, then. forgery, bribery, falsification or destruction of records. making false statements. tax evasion. violating Federal criminal tax laws, or receiving stolen properly; and (3) U Are, U are not presently indicted for, or otherwise criminally or civilly charged by ii Govemment entity wirh, comntissio:t of any of these offenses enumerated in paragraph (h)(2) of this dause: and (A) U Have. U have noL within a three-yearperiod preceding thisoffer. been notified ofany delinquent Federal taxes in an amount that exceeds 53,000 fur which tlhe liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) Tire raxliabilin; isfrnallydefernrined. 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 ol's judicial challenge to the liability. the liability is not finally determined until al1 judicial appeal rights have been exhausted, (B) rite laxpr.t•er is delinqueirr in ranking rxrynrenr. A taxpayer is delinquent if the taxpayer has railed to pay the tax liability wiien full payment was due and required. A taxpayer is not delinquent in cases "Gene enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statulary notice of deficiency. under I.R.C. §6212,. which entitles the taxpayer to seek 1'ax Court revietiv of a proposed tax deficiency, This is not a delinquent tat because it is not a final tax liability. Should the taxpayer seek Tax Court revietiv. this will nor he a final tax liability until the taxpayer has exercised all judicial appear rights. (13) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has bcc,l issued a notice under- I.R.C. §6320 entitling the taxpaccr to request a hearing with the IRS Office of Appeals Contesting floc lien filing, and to further appeal to the Tax Court if the IRS dc(ennines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the laxpaver has had rw prioropportuniiyto contest the liability. This is not a delinquent tax hecause it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until (lie taxpayer has exercised all judicial appeal rights. (C) The taxpayer has catered into an installment agreement pursuant to LR.C. SG 1 S9. T1te taxpayer is making timely paymculs and is ill full compliance with the agreement terms. The tnxpaycr is not delinquent because the taxpayer, is not eumently required to make full payment. (0)111e taxpayer has fried for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under I I US.C. §362 (the Bankruptcy Code), (i) Certification Regarding Knowledge of Child Labor for Listed End products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of products Requiring Commcinr Certificatior, as to Forced or indentured Child Labor. unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product' __. ted Countries of Origin: I (2) Certification. ilf the Contracting Officer has identified end products and countries oforigin in paragraph (i)(1) of this provision. then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] U (i) The offeror will not supply any rod product listed in paragraph (i)(I ) of this provision that was mined, produced. or manufactured in the corresponding country as fated for that product. U (ii) The offeror may supply an end product listed in paragraph (i)(1) ofthis provision that..•as mined, produced, or manufactured in the corresponding country as listed for that product. Ilia offeror certifies that is has made a guod faith effort to determine whether forced or indentured child labor was used to mine. produce, or manufacture any such end product furnished under this contract. On the basis of those efforts. Ilse offeror certifies that it is nor aware of any such use nrchild labor. SP0600-14-R•022t osr 19-21 {j) Place ofrna+rufacnirr. (Does riot apply unless the solicitinion is predotiinanty for tilt acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly (1) U In tie United States (Check this bus iflic total anticipated price efoffered end products manufactured in doe united States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ( j Outside the United States. (k) Certificates regarding exemptions from the application ofthe Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting oiiicer is to chcuk a box to indicate i f paragraph (k)(1) or (k)(2) applies.] (1) U Maintenance, calibration, or repair of certain equipment as dcscrihcd in FAR 22.1003-4(c)(1). The offeror L) does Lj does not cenif% that— (i) llhe items of equipment to be serviced under this contract are used regularly for other than Govenrmental purposes and are sold or traded by the n?cror (or subcontractor ill the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations: (ii) The services will be furnished at prices Miich ore, or are based on, established catalog or market prices (sec FAR 22.1003-4(c)(2)(ii)) for the maintenance, calilimion, or repairof Such equipment; and (iii) The conipcnsalion (wage and fringe beneRts) plan for all service employees performing work tinder the contract will be the same as that used for these employees and equivalent employees sm icing the some equipment of commercial customers. (2) U Certain ser.iccs as described in FAR 22.1003-4(d)(1). The offeror Ll does L) does not certify that— (i) Tlic services under the wntmct are offered and sold regularly to non-Goventmemal customers, and are provided by the offeror (or Subcontractor in the case of an exempt Subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be fumished at prices that are, or arc based on, established catalog or market, prices (see FAR 22.1003- 4(d)(2)(iii)). (iii) Each service employee who will perform the services under die contract will spend only a small portion nfhis or her, time (a monthly average ol' Icss that, 20 percent of the available horns on an annualized basis, or less than 20 percent of available hours during the contract period if the conliul period is less than a month) servicing the Government contract: and (iv) Ilie compensation (wage and fringe benefiLs) plan for all service employees perfomuug %vark under the contract is the Sallie as that used for these employees and equivalent employees sen•icing connncrciai customers, (31 If paragraph (k)(1) or (k)(2) ofthis clause applies— (i) Ifthe offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did riot attach a Service Contract Labor Standards wage determination to the solicitation; the offeror shall notify the Contracting Officer as sons as possible; and (ii) The Contracting Offcer may not make an a%i;trd to the ofTerur if the olicror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact die Contracting Officer as required in paragraph (k)(3)(0 of this clause. (1) 1arpaver ide+Nificauan Inimber >+Tlr1•'} (26 US'.C. 6109. 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to he eligible for award.) (1) All offerors must submit the infonmation required in paragraphs (1)(3) through (1)(5) of this provision to comply with debt collection requiminents of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 60,11. 604IA. and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN rtiay be used by the guvcmmetit to collect and report on a iy delinquent amounts arising out of the offeror's rulatiunship with the Government (31 U.S.C. 7701(c)(3)). If the resitting contract is subject to die payment reporting requirements described in FAR 4.904, the TIN provided thereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (rIN). U TIN has been applied for. SPohna 14-R-0221 OSP 20. 21 U TIN is not required because: (,,,,j We= is a nonresident alien. foreign corporation.. nr foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States: U Offeror is all agency or instrumentality of a foreign government; Lj Offeror is an agency or insirumenlality orific Federal Governnienu (4) Type oforeanization. U Sole proprietorship. U partnership: U Corporate entity (not tax-exempt); U Corporate entity (tax-exempt); (X Government entity (Federal. State. or local)_ U Foreign government:, U Intcmational organization per 26 CFR 1.6049.4: U Other _ (5) Common parent, U Offeror is lint avmcd nr controlled by a common parent: U Name and TIN ofcn nmon parent: Name TIN (m) Res+rkred business operations rrr Sudan. By submission of its offer, the offeror cerli fits that the of eror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Dumestic Corporations— (1) Relnlion ro lnrernal Revcnue Code. An inverted domestic corporation as herein derned does not nte:k the definition of an inverted domestic Corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Represenlnlfon. By subt-nission orits offer, the offeror represents diat— (i) !t is not an inverted domestic corporation: and (ii) It is not a subsidiary Oran inverter) domestic corporation. SPOWO-I4-R-022I 05i'21-21 (o) Prohibition on contracting, with entities engaging in certain activities or transactions relating to Inn. (1) The olTeror shall email questions concerning sensitive teclinoloac to the Department of State at CiSADA 106'itstsic.aov. (2) Representation and Certification. Unless a waiver is granted ar an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer. the offemr— (i} Represents, to the best of its knowledge and belief, that Ilse nffcror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behatror at the direction or. the government of Iran: (ii) Certitics that the offeror. or any person owned or controlled by the offeror. does not engage its any activities for which sanctions may be imposed under section 5 of the Iran Sanctions .Act: and (iii) Ccrtif)es that the offeror, and any person owned or controlled by the offeror. does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, ngcnis, or affiliates. the property and inter sts in praperty of which are bincked pursuant to the Intcmationnl Emergency Economic powers Act (50(U.S.C. 1701 et seq.) ($cc OFAC's Specially Designated Nationals and Blocked persons List m Iht aiititivu. c isurv, ov orac,'duwii nodalIn.11 d (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (r) This solicitation Includes a trade a¢recrnehts certirmation (e.g., 52.212-1(g) or a comparable agency provision): and (ii) "fltc otfcror has certified brat all the ofrered products to be supplied arc designated country end products. (End of provision) Allernoic 1(Uav 2(714). As prescribed in 12,301 {b)(2), add die following paragraph (c)(12) to the basic provision: (12) (Complete i f the offeror has represented ilself as disadvantaged in paragraph (c)(4) or (c)(f 0) of this provision.) [ Me offerer shall check the calegory in u.-lrich its ownership falls): Black American. _ Hispanic American. _ Native American (American Indians. Eskimos. Aleuts. or Native Hawaiians). _ Asian -Pacific American (persons with origins froth Burma. Thailand. Malaysia. Indonesia, Singapore. Brunei, Japan, China. Taiwan. Laos. Cambodia (Kampuchea). Vietnam. Korea. The Philippines, Republic of Palau, Republic ofihe Marshall Islands. Federated States of Micronesia. the Commonwealth of the Northern Mariana islands, Guam. Samoa, Macao, Hong Kong. Fiji. Tonga. Kiribati. Tuvalu. or Nauru). _ Subcontinent Asian (Asian -Indian) American (persons %vith origins from India. Pakistan; Bangladesh, Sri Lanka. Bhutan, the Maldives Isiands, or Nepal). Y.__. Individualiconcem, odtcr that, one of the preceding. Allernale 11060011J. As prescribed in s0 (b)(2). add the following paragraph (0(10)(iii) to the basic provision: (iii) Address. The offeror represents that its address (_Jis. L) is not in a region for -hich a small disadvantaged business procurcincM mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concerti or submission orits application, for certification. The list of autthorized small disadvantaged business procurement inechanisms and wgiuns is posted at +tr�v%v uuisi inn. ,,nvlRefercnccJcd )ad'ustmct tc., nh. The offeror shall use the list in effect on the date ortlhis solicitation. "Address." as used in this provision. means dic address of the ofrcror as listed or the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. Forjoint ventures. "address" iefers to the address of the small disadvantaged business concern that is participating in the joint venture. McCoy, Dee From: Nicholson, James Sent: Wednesday, June 03, 2015 8:59 AM To: McCoy, Dee Subject: RE: Holding File Both 2014-0407 and 2015-0094 are the same document, signed by the Mayor, 2015-0094 revised the original 2014-0407 contract "Offer" to Defense Logistics Agency for Military Contract Fuel. I suppose I included that information because 2015-0094 is just, the revised pages of the original offer, (although the complete original is part of the package). Since the original, 2014-0407 was altered, it needed review and the Mayor's signature again. I had the notion that you might need to reference the original item in your database for searches and such. Thanks, Dee! James Nicholson Airport Financial Coordinator City of Fayetteville, Arkansas T 479.718.7641 I F 479.718.7646 FAYETTEVILLE AVIATION SERVICES Website I Facebook SOLICITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 SP0600-14-1280 3 2. CONTRACT NO. 3. AWARDIEFFECTIVE 5. SOLICITATION NUMBER B. SOLICITATION ISSUE DATE 7NUMBER DATE SP0600-15-D-0080 05/01/2015 SP0600-14-R-0221 08/22/2014 a. NAME b. TELEPHONE NUMBER (Nocodtoct 8. OFFER DUE DATEI 7. FOR SOLICITATION cabs) LOCAL TIME INFORMATION CALL: ' 0912212014 1:00 PM 9. ISSUED BY CODE S 60 i0. THIS ACQUISITION IS g UNRESTRICTED OR Lj SET ASIDE: 96 FOR: DEFENSE LOGISTICS AGENCY ENERGY SMALL BUSINESS WOMEN -OW IBLE UN SMALL eTHE W S ❑ OWNED MOBILITY FUELS DIVISION (DLA-ENERGY FEPEB) HUBZONE SMALL SMALL BUSINESS PROGRAAIE NAICS• 8725 JOHN J. KINGMAN ROAD, STE. 3821 BUSINESS �EDWOSB 324110 FORT BELVOIR, VA 22060-6222 SERVICE -DISABLED D: SIZE STANDAR PH: 703-767-1770/3281 /FAX: 703-767-8506 PP: 2.3S VETERAN -OWNED SMALL BUSINESS 8 (A) FAR 52.212-1(a) 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS NET 30 ❑ 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER DPAS (16 CFR 700) 14. METHOD OF SOLICITATION Q SEE SCHEDULE RFQ IFB X RFP 15. DELIVER TO CODE IS. ADMINISTERED BY CODE ISP0600 SEE SCHEDULE IN B-00011615.01 DEFENSE LOGISTICS AGENCY ENERGY (FEPEB) Alberto A Williams Jr. (703) 767-3281 17s. CONTRACTOR! CODE 6G3K3 I FACILITY C879 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE City of Fayetteville DEFENSE FINANCE AND ACCOUNTING SERVICES 4500 S. School Ave., Suite F ATTN: DFAS-�CVDBBAICO Fayetteville AR, 72701 DUNS: 134398903 P.O. BOX 182317 COLUMBUS, OH 43218-6251 TELEPHONE No.479-718-7642 FAX: 479-718-7646 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 16b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED D SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT PERIOD OF PERFORMANCE 01 MAY 2015 TO 31 MARCH 2O19 Use RaveissandlbrAHach Ad tonal Sheets as Necassary) 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Ony) 97X4930 5CFX 001 2034301 2610 S33189 $738,565.69 EST 27m ROUCITATION INCORPORATES BY REFERENCE FAR &Z212.1, 62,212.4. FAR S2.212-3 AND 52.212-6 ARE ATTACHED. ADDENDA ❑ ARE ❑ ARE NOT ATTAQIEO 0 27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212.4. FAR 52-212-6 IS ATTACHED. ADDENDA ❑ ARE ❑ ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT; REF. KFYV-BR OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED 091 212014 . YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET.EPRTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIO)QAL SHEETS PUBJLrtT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. Sld U�OF�ORIC�NTRACT 3i a. ITED STATES F g21C3IGNA'r1JRE OF CONTRACTING OFFICER) W. WAAEANDTIVLt OF SPRER OMM or print) 130c. DATE SIGNED 31 . NAME OF CONT@kCLMG OFFICER (Type or print) 131c. DATE SIGNED l j0 Ll,U LdgW [- 1110 U1 1! ILJi l� l [ BEVERLY J. BROWN 1 Al- 7-/,1, AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORMA 1449 (REV. 212012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 BIDDER CODE: C879 CITY OF FAYETTEVILLE 1. SCHEDULE AIRPORT LOCATION NUMBER/IDENTI FIER: KFYV AIRPORT LOCATION: FAYETTEVILLE/DRAM FLELD ITEM KFYV-BR PRODUCT Jet A, w FSII CONTRACT NUMBER: SP0600-15-D-0080 SOLI.CITAT ION. NUMBER; SP0600-14-R-0'221 PURCHASE PROGRAM: 2.35 U.S. BASE REFERENCE QUANTITY PRICE 173,311 2.878900 UNIT PRICE PER GALLON 4.261505 Contractor's offer dated 22 September 2015 in response to RFP SP0600-14-R-0221 with amendments 001 thru 0062 and as amended by correspondence listed below, is hereby accepted for the supplies and services indicated. The .following correspondence is incorporated by reference: 17 March 2015 (email); 4 March 2015 (email); 19 February 2015 (email); 12 February 2015 (2"emails) and 5 February 2015 (email). EBS ITEMS: 0001 KFYV-BR; 0002 KFYV-RR; 0003 KFYV-PR II. REFUELING OPERATOR INFORMATION. A. NAME, ADDRESS, PHONE City of Fayetteville, 4500 S School Ave, Fayetteville, AR 72701, 479-718-7642 B. SOURCE OF PRODUCTS OFFERED Product Source: Avfuel Corporation Product City: Tulsa Product State/Country: OK C. CONTRACTOR. REPRESENTATIVE OR AGENT (Full name, address, and phone.numker if different from II.A.) James Nicholson, 479-718-7642 III. HOURS DURING WHICH SUPPLIES/SERVICES WILL BE AVAILABLE:(See the GENERAL DELIVERY CONDITIONS paragraph of the DELIVERY AND INVOICING REQUIREMENTS (INTO -PLANE) clause.) Available: 0600 to 2200 MONDAY TO FRIDAY After Hours Contact Number: 479-443--4343 Call -Out Fee: $ 75..00 per OCCURRENCE Delivery Comments: 1 HOUR OF ADVANCE NOTICE IS REQUIRED FOR AFTER HOURS DELIVERY. THERE WILL BE A $75.00 PER OCCURRENCE CALL OUT FEE ASSOCIATED FOR.AFTER HOURS DELIVERY. SATURDAY, SUNDAY AND HOLIDAY HOURS: 0800-2000 NOTE: In the event 24--hour service is not available and the government was unable to provide advance notification of the after -hour delivery requirement, into -plane fuel -may be procured from another source. Page 2 CONTRACT NUMBER: SP0600-15-D-0080 S%XCITATION NUMBER: S.P0600-14-R-0221 BIDDER CODE:•C879 PURCHASE PROGRAM: 2.3S U.S. CITY OF FAYETTEVILLE IV. NONPRODUCT ITEM CHARGES NOT INCLUDED IN THE UNIT PRICE ABOVE. SUBITEM NO. PRODUCT TYPE OF CHARGE UNIT PRICE KFYV RR Jet A, w FSII OVERTIME FEES $75.000000 Specific Circumstances: KFYV-RR: Represents callout fee of $75.00 per occurrence V. NONREFUNDABLE DUTIES AND TARE SNOT INCLUDED IN THE UNIT PRICE ABOVE. SUBITEM NO. PRODUCT KFYV PR Jet A, w FSII TYPE OF CHARGE DUTY TAX FED CIV FEDERAL EXCISE TAX $0.218000 VI.' ADDITIONAL INFORMATION A. Contract Ordering Period: 05/01/2015 to 03/31/2019 B. Preaward Survey: A Pre -Award Survey was not performed due to satisfactory performance under current contract. C. Quality: DLA Energy Americas East 3 ATTN: Quality Manager' Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 POC Phone: (713) 718-3883 POC Fax: (713) 718--3B91 D. Price Escalation: B19.35 E. Publication: Platts Grp 3 Mean PWA VII. NOTES AND EXCEPTIONS Base Reference Date: August 5, 2014 Prices will change weekly on -Tuesday .Prices will escalate using prices• set by Platts-Group 3 Jet Kero Previous Week Average Monday through Friday with prices effective on Tuesday for price escalation In the event of a holiday during the week, prices will escalate using the four remaining days. VIII. INTERNET CAPABILITY NOTE: 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 web page at http://p2web.energy.dla.mil/pls/p2wp/dfsc_pkg.df_activity Page 3 DEFENSE LOGISTICS AGENCY ENERGY 13725 JOHN J. KINGMAN ROAD FORT BELVOILV0IR, VIRGINIA 22060-6221 In R Re eels: DLA ENERGY- FEPEB APR 0 9 2015 Mr. James Nicholson Airport Financial Coordinator City of Fayetteville 4500 S School Ave., Suite F Fayetteville, AR 72701 Dear Mr. Nicholson, Congratulations, City of Fayetteville has been awarded contract number SP0600.15-D-0080, which calls for Into -Plane fuel delivery at the following location specified below: ITEM NUMBER LOCATION PRODUCT EST. QUANTM KFYV-BR Fayetteville Executive Jet A, w/FSIZ 173,311 GL The contract has a period of performance from 05/01/2015 through 03/31/2019. You should retain a copy of the Solicitation and subsequent Amendments as these were incorporated into your contract and all requirements contained therein must be Followed. If you do not have copies of these documents, they can be obtained at the following web site www.fbo.gov. A representative from our AIR Card contractor - Kropp Holdings Inc (Kl iI) will contact you regarding a new installation or updated coding for an existing Point of We Reader (POS). The DLA ENERGY Contract Administrator for your contract is Mr. Jeremy Baxter and he can be contacted by e-mail at Jeremy.baxter@dln.uW. Mr. Baxter will be contacting you to introduce himself -and help with any questions you may have concerning your new award. Again, congratulations on the award of your contract. We look forward to a continued, mtitually rewarding relationship. If we may be of any help during the life of the contract, please do not hesitate to call. Sincerely, BEVERLY BROWN Contracting. Officer Mobility Fuel Division Direct Delivery Fuels Enclosure: Contract Award