52.219-13 Utilization of Women-Owned Small Businesses. (AUG 1986)
The clause is not necessary to the acquisition of petroleum, petroleum-related services or coal because both subcontracting opportunities and the existence of woman-owned business in these commodities are minimal. DESC has retained the certification clause to document those businesses that are women-owned.
52.222-28 Equal Opportunity Preaward Clearance of Subcontracts (APR 1984)
52.244-1 and Alt. I Subcontracts (Fixed Price Contracts) (APR 1991)
These clauses are not applicable to petroleum, petroleum-related services or coal because contracts are fixed price or fixed price with economic price adjustment and unpriced modifications are not issued.
52.227-1 Authorization and Consent (APR 1984)
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement (APR 1984)
These clauses are not necessary to the acquisition of petroleum, petroleum-related services, or coal because patent considerations are not involved.
52.229-3 Federal, State, and Local Taxes (JAN 1991)
52.229-4 Federal, State, and Local Taxes (Noncompetitive Contract)
(JAN 1991)
52.229-5 Taxes - Contracts Performed in U.S. Possessions or Puerto Rico.
(APR 1984)
A substitute DESC clause was developed to simplify, consolidate and tailor the FAR clauses to petroleum, petroleum related services, and coal. The FAR clauses only address after imposed/after relieved Federal taxes and do not address such circumstances for state and local taxes applicable to DESC procurement. The FAR clauses also require contract prices inclusive of all applicable Federal, State and local taxes. This is not acceptable to DESC since some taxes at all levels are excluded from certain fuel products under Government use criteria in the Internal Revenue codes.
52.247-1 Commercial Bill of Lading Notations (APR 1984)
This clause is not necessary because the Government does not require prepayment of freight charges on petroleum or coal shipments.
52.247-54 Diversion of Shipment under F.O.B. Destination Contracts
(MAR 1989)
This clause is not necessary to the acquisition of petroleum because this area is covered in other DESC transportation clauses. The portions of this clause covering the use of paid freight bills to evidence delivery do not apply to petroleum shipments. Petroleum product deliveries are evidenced by delivery ticket copies and properly executed DD Forms 250. The portions of the clause limiting truck shipment reimbursement to 70% of the lowest published tariff is inappropriate for petroleum. Equitable adjustments for transportation are accomplished consistent with the methodology used to evaluate transportation.
ADDITIONAL CLAUSES TO BE OMITTED
52.214-6 Explanation to Prospective Bidders (APR 1984)
52.214-9 Failure to Submit Bid (APR 1984)
52.214-3 Amendments to Invitations for Bids (DEC 1989)
52.214-12 Preparation of Bids (APR 1984)
52.227-3 Patent Indemnity (APR 1984)
52.246-23 Limitation of Liability (APR 1984)
These clauses are excluded from DESC streamlined solicitations because they are superfluous to DESC contracting or serve no useful purpose. Instructions for submitting amendments are sent with the amendments themselves. Fuel specifications require no explanation. Bid/offer preparations guidance is included in the schedule. Elaborate proposals are not a possibility. Patent and liability limitations are not applicable.
52.214-14 Place of Performance - Sealed Bid (APR 1985)
52.215- 6 Place of Performance (APR 1984)
When a bidder or offeror submits a bid or offer, either the offeror tells us where the place of performance is located, or it is of no consequence. As a result, this clause serves no useful purpose in DESC contracts.
52.246-1 Contractor Inspection Requirements (APR 1984)
This clause was streamlined out of non-petroleum contracts only (coal and services). The subject matter in this clause is covered by other DESC clauses.
52.247-29 F.O.B. Origin (Jun 1988)
52.247-30 F.O.B. Origin, Contractor's Facility (APR 1984)
52.247-31 F.O.B. Origin, Freight Allowed (JUN 1988)
52.247-32 F.O.B. Freight Prepaid (JUN 1988)
52.247-59 F.O.B. Origin - Carload and Truckload Shipments (APR 1984)
The subject matter of these clauses is contained in DESC special transportation clauses.
52.219-14 Limitations on Subcontracting (JAN 1991)
Domestic bulk petroleum requires small business manufacturers offering on set-aside requirements to refine at least 90% of the offered quantity. This is pursuant to 49 Federal Register 5037, February 9, 1984 (13 C.F.R. 121.2, fn. 4 (1989)). This clause is unnecessary in domestic bulk petroleum contracts.
52.219-15 Notice of Participation by Organizations for the Handicapped
(APR 1991)
Handicapped organizations do not supply any products or services acquired by DESC.
