Amd_04_Attachment_1_-_Additional_Terms_and_Conditions.pdf

80KSC019R0015 Amendment 04

ATTACHMENT 001- ADDITIONAL TERMS AND CONDITIONS

SECTION B- SUPPLIES OR SERVICES

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

This is a fixed-price, economic price adjustment (EPA) indefinite delivery (ID) requirements contract for the purchase of liquid nitrogen and oxygen during the contract period of performance. The delivery locations and estimated quantities are specified in the schedule as Contract Line Item Numbers (CLINs).

The contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver the items identified in the schedule of supplies located in section

B.2 and in accordance with the Statements of Work in Attachment 002.

(End of Clause)

Liquid Nitrogen and Oxygen shall be delivered to the following locations:

Ames Research Center (ARC) Mountain View, CA 94035

Glenn Research Center (GRC) / Plum Brook

Station (PBS) Cleveland, OH 44135 / Sandusky, OH 44870

Goddard Space Flight Center (GSFC) Greenbelt, MD 20771

Jet Propulsion Laboratory (JPL) Pasadena, CA 91109

Johnson Space Center (JSC) / Ellington Field Houston, TX 77058 / Houston, TX 77034

Kennedy Space Center /

Cape Canaveral Air Force Station (KSC/CCAFS)

KSC, FL 32899 / CCAFS, FL 32920

Langley Research Center (LaRC) Hampton, VA 23681

Michoud Assembly Facility (MAF) New Orleans, LA 70129

Marshall Space Flight Center (MSFC) Huntsville, AL 35812

Stennis Space Center (SSC) SSC, MS 39529

White Sands Test Facility (WSTF) Las Cruces, NM 88012

B.2 SCHEDULE OF SUPPLIES 80KSC019R0015 Amendment 04

BEST EST. YEARLY

QTY

Contract Year 1

BEST EST. YEARLY

QTY

Contract Year 1

BEST EST.

YEARLY

QTY

Contract Year 2

BEST EST.

YEARLY

QTY

Contract Year 2

BEST EST. YEARLY

QTY

Contract Year 3

BEST EST. YEARLY

QTY

Contract Year 3

BEST EST.

YEARLY

QTY

Contract Year 4

BEST EST.

YEARLY

QTY

Contract Year 4

BEST EST. YEARLY

QTY

Contract Year 5

BEST EST. YEARLY

QTY

Contract Year 5

BEST EST. TOTAL

QTY

(all 5 years) CLIN LOCATION/ DESCRIPTION NITROGEN SPECIFICATION UNIT MINIMUM MAX DAILY MAX WKLY MAX MTHLY 7/1/19-6/30/20 7/1/20-6/30/21 7/1/21-6/30/22 7/1/22-6/30/23 7/1/23-6/30/24 7/1/2019-6/30/2024

001 ARC (Bulk) CGA G10.1 Type II Grade L Liter 1,000 25,000 N/A N/A 148,000 148,000 148,000 148,000 148,000 740,000

002 ARC (Non-bulk/dewars) CGA G10.1 Type II Grade L Liter 50 1,500 N/A N/A 35,000 35,000 35,000 35,000 35,000 175,000

003 GRC/PBS CGA G10.1 Type II Grade L Ton 20 115 299 1,200 10,000 10,000 10,000 10,000 10,000 50,000

004 GRC/PBS MIL-PRF-27401 Type II Grade B Ton 20 115 253 345 4,200 4,200 4,200 4,200 4,200 21,000

005 GRC/PBS high use testing 100% of full requirement (see note 1 below) CGA G10.1 Type II Grade L Ton 115 460 3,220 13,800 30,820 4,000 4,000 4,000 10,000 52,820

006 GRC/PBS high use testing 50% of full requirement (see note 1 below) CGA G10.1 Type II Grade L Ton 115 230 1,610 6,900 15,410 2,000 2,000 2,000 5,000 26,410

007 GRC/PBS high use testing 25% of full requirement (see note 1 below) CGA G10.1 Type II Grade L Ton 115 115 805 3,450 7,705 1,000 1,000 1,000 2,500 13,205

008 GRC/PBS high use testing (see note 2 below) MIL-PRF-27401 Type II Grade B Ton 115 184 1,150 3,450 2,000 2,000 2,000 2,000 2,000 10,000

009 GSFC MIL-PRF-27401 Type II Grade B Gallon 8,000 21,600 N/A N/A 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000

JPL CGA G-10.1 Type II Grade L Gallon 1,000 32,500 84,500 331,500 JPL high use testing (see note 3) CGA G-10.1 Type II Grade L Gallon 6,000 58,500 117,000 487,500 JSC MIL-PRF-27401 Type II Grade B Ton 20 60 100 500

JSC high use testing (see note 4) MIL-PRF-27401 Type II Grade B Ton 20 150 1050 3600

012 JSC (see note 5) MIL-PRF-27401G Type II Modified Grade C Ton 20 40 N/A N/A 1,000 1,000 1,000 1,000 1,000 5,000

013 KSC/CCAFS MIL-PRF-27401 Type II Grade B Ton 20 70 120 300 2,000 2,000 2,000 2,000 2,000 10,000

014 KSC/CCAFS (see note 6) MIL-PRF-27401 Type II Grade B Ton 20 115 391 897 0 0 5,380 10,760 10,760 26,900

015 LaRC MIL-PRF-27401 Type II Grade B Gallon 500 12,000 24,000 98,000 500,000 500,000 500,000 500,000 500,000 2,500,000

016 LaRC MIL-PRF-27401 Type II Grade C Gallon 6,000 6,000 12,000 48,000 600,000 600,000 600,000 600,000 600,000 3,000,000

017 MAF MIL-PRF-27401G Type II Grade B Ton 23 23 92 345 2,760 2,760 2,760 2,760 2,760 13,800

018 MSFC CGA G-10.1 Type II Grade L Ton 23 230 1,400 4,400 24,000 24,000 24,000 24,000 24,000 120,000

019 MSFC MIL-PRF-27401G Type II Grade B Ton 23 23 161 529 0 1,345 1,345 1,345 1,345 5,380

020 SSC MIL-PRF-27401G Type II Grade B Ton 23 276 1,000 4,000 48,000 39,000 36,000 36,000 36,000 195,000

021 WSTF MIL-PRF-27401 Type II Grade B Ton 23 23 78 286 2,262 2,262 2,262 2,262 2,262 11,310

BEST EST. YEARLY

QTY

Contract Year 1

BEST EST. YEARLY

QTY

Contract Year 1

BEST EST.

YEARLY

QTY

Contract Year 2

BEST EST.

YEARLY

QTY

Contract Year 2

BEST EST. YEARLY

QTY

Contract Year 3

BEST EST. YEARLY

QTY

Contract Year 3

BEST EST.

YEARLY

QTY

Contract Year 4

BEST EST.

YEARLY

QTY

Contract Year 4

BEST EST. YEARLY

QTY

Contract Year 5

BEST EST. YEARLY

QTY

Contract Year 5

BEST EST. TOTAL

QTY

(all 5 years) CLIN LOCATION/ DESCRIPTION OXYGEN SPECIFICATION UNIT MINIMUM MAX DAILY MAX WKLY MAX MTHLY 7/1/19-6/30/20 7/1/20-6/30/21 7/1/21-6/30/22 7/1/22-6/30/23 7/1/23-6/30/24 7/1/2019-6/30/2024

022 GRC MIL-PRF-25508H Type II Grade A Ton 10 80 240 400 100 300 500 500 500 1,900 023 JSC MIL-PRF-27210J Type II Gallon 450 4,500 N/A N/A 20,000 20,000 20,000 20,000 20,000 100,000 024 KSC/CCAFS MIL-PRF-25508H Type II Grade A Ton 20 70 130 N/A 1,000 1,000 1,000 1,000 1,000 5,000 025 KSC/CCAFS (see notes 7, 11) MIL-PRF-25508H Type II Grade A Ton 20 276 1,104 1,104 3,200 7,050 7,200 6,000 6,000 29,450 026 KSC/CCAFS (see notes 8, 11) MIL-PRF-25508H Type II Grade B Ton 20 230 575 2,300 3,100 4,765 9,530 19,060 27,637 64,092 027 KSC/CCAFS Delta IV hvy

(see notes 9, 11) MIL-PRF-25508H Type II Grade A Ton

20 322 1,288 2,576 1,288 1,288 1,288 1,288 1,288 6,440

028 KSC/CCAFS SLS

(see notes 10, 11)

MIL-PRF-25508H Type II Modified Grade A Ton 20 230 460 1,840 1,530 1,530 1,530 1,530 1,530 7,650

029 KSC/CCAFS SLS launch (see notes 10, 11)

MIL-PRF-25508H Type II Modified Grade A Ton 100 230 690 2,760 0 1,380 0 1,380 1,380 4,140

030 LaRC MIL-PRF-25508H Type II Grade A Gallon 6,000 6,000 18,000 72,000 400,000 400,000 400,000 400,000 400,000 2,000,000 031 MSFC MIL-PRF-25508H Type II Grade A Ton 20 162 760 1,610 3,500 19,700 21,700 23,000 23,000 90,900 032 SSC MIL-PRF-25508H Type II Grade A Ton 20 240 1,440 4,000 19,000 12,000 9,000 9,000 9,000 58,000 033 WSTF MIL-PRF-25508H Type II Grade A Ton 23 23 104 416 1,508 1,508 1,508 1,508 1,508 7,540

ORDER LIMITATIONS

3,000,000 2,600,000 2,500,000 2,500,000

2,000

13,100,000

10,000

ORDER LIMITATIONS

011 2,000 2,000 2,000 2,000

2,500,000

Note 1: During GRC high-use testing periods at the Space Environments Complex (SEC) thermal vacuum chamber the Contractor shall be able to supply the maximum daily order quantity for 67 continuous days. The Contractor will be notified at least 30 days in advance of the planned high-use testing period. The full requirement is for NASA to receive 460 tons of liquid nitrogen per day for the duration of the test. NASA intends to meet the full requirement of

460 tons per day of liquid nitrogen by awarding CLINs 005, 006, and 007 in one of the following combinations. A single contractor will not be awarded both CLIN 006 and CLIN 007.

Combination 1: CLIN 005 shall only be awarded once since CLIN 005 meets the 100% requirement of 460 tons per day of liquid nitrogen. In this situation, CLINs 006 and 007 shall not be awarded.

Combination 2: CLIN 006 may be awarded twice since CLIN 006 meets 50% of the requirement. If CLIN

006 is awarded twice, CLINs 005 and 007 shall not be awarded.

Combination 3: CLIN 006 may be awarded only once and CLIN 007 may be awarded only twice. In this situation, CLIN 006 will meet 50% of the requirement and the two awards of CLIN 007 will each meet

25% of the requirement, totaling 100% of the full requirement. CLIN 005 shall not be awarded in this situation.

Combination 4: CLIN 007 may be awarded four times with each award at 25% of the full requirement, totaling 100% of the full requirement. CLINs 005 and 006 shall not be awarded in this situation.

Combination 5: A combination of CLIN 006 and CLIN 007 may be awarded to equal less than 100% of the requirement.

Note 2: During PBS high-use testing periods at the In-Space Propulsion (ISP) facility the Contractor shall be able to supply the maximum daily order quantity for 45 continuous days.

Note 3: During JPL high use testing periods, which occur approximately once every calendar year, contractor shall be able to supply the maximum daily order quantity for 30 continuous days. The Contractor will be notified at least

90 days in advance of the planned high-use testing period.

Note 4: During JSC high use testing periods, which occur approximately once every calendar year, contractor shall be able to supply the maximum daily order quantity for up to 30 continuous days. The Contractor will be notified at least 30 days in advance of the planned high use testing period.

Note 5: Modified Grade C liquid nitrogen. Please refer to Attachment 002 (JSC LN2 Modified Grade C SOW) for more information.

Note 6: First delivery under CLIN 014 not expected until early 2022.

Note 7: First delivery under CLIN 019 not expected until contract year 2.

Note 7: Requirement is for up to 10 tankers at one time and up to 12 tankers (two waves of 6 tankers) in one day.

Note 8: Requirement is for up to 5 tankers at one time and up to 10 tankers (two waves of 5 tankers) in one day.

Note 9: Delta IV heavy CLIN support begins with the completion of the practice launch countdown (wet dress rehearsal) milestone and ends upon launch. Delta IV heavy support requires 5 tankers at one time, followed by 5 tankers within approximately 3 hours of the first 5 tankers, followed by 4 tankers within the following 5 hours. An example of Delta IV Heavy launch support for is below. Real time factors may change the launch support. Daily and weekly maximums remain applicable.

Day 1 – Wave 1: 5 tankers delivered

Wave 2: 5 tankers delivered within 3 hours of wave 1

Wave 3: 4 tankers delivered within 5 hours of wave 2

Day 2 – Wave 1: 5 tankers delivered

Wave 2: 5 tankers delivered within 3 hours of wave 1

Wave 3: 4 tankers delivered within 5 hours of wave 2

Day 3 – OFF

Day 4 – OFF

Day 5 – Wave 1: 5 tankers delivered

Wave 2: 5 tankers delivered within 3 hours of wave 1

Wave 3: 4 tankers delivered within 5 hours of wave 2

Day 6 – Wave 1: 5 tankers delivered

Wave 2: 5 tankers delivered within 3 hours of wave 1

Wave 3: 4 tankers delivered within 5 hours of wave 2

Note 10: Modified Grade A liquid oxygen (99.85% purity). Routine SLS (Space Launch System) support, CLIN

028, requires up to 5 tankers at one time, up to two waves of 5 tankers in one day, and up to two times per week.

SLS launch, CLIN 029, requires up to 5 tankers at one time, up to two waves of 5 tankers in one day, up to 3 times per week. CLIN 029 is planned to be utilized following two SLS scrubbed launch attempts and following the SLS wet dress rehearsal.

Note 11: Regarding liquid oxygen launch support to KSC/CCAFS under CLINs 025, 026, 027, 028, and 029. A single contractor is not required to provide more than the highest single daily, weekly, or monthly tonnage required no matter how many CLINs have been awarded to that contractor. For example, if contractor A is awarded CLINs

026 and 027, contractor A is not required to provide more than 322 tons a day, 1,288 tons a week, or 2,576 tons a month. If contractor B is awarded CLINs 025, 028, and 029 then contractor B is not required to provide more than

276 tons a day, 1,104 tons a week, or 2,760 tons a month. Under this circumstance, the Government may request shipment in the amount of 322 tons from contractor A and 276 tons from contractor B to be delivered on the same day.

B.3 CONTRACT PERIOD PRICING

The price of “Contract Year 1- Contract Period 1” for each CLIN shall be added to this section upon contract award. Subsequent periods shall be adjusted utilizing the procedures outlined in Section B.5, Economic Price Adjustment.

CLIN UNIT

PRICE PER TON/GALLON/LITER

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Contract

Period 1 07/01/19

12/31/19

Contract

Period 2 01/01/20

06/30/20

Contract

Period 3 07/01/20

12/31/20

Contract

Period 4 01/01/21

06/30/21

Contract

Period 5 07/01/21

12/31/21

Contract

Period 6 01/01/22

06/30/22

Contract

Period 7 07/01/22

12/31/22

Contract

Period 8 01/01/23

06/30/23

Contract

Period 9 07/01/23

12/31/23

Contract

Period 10 01/01/24

06/30/24

1 Liter TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

2 Liter TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

3 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

4 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

5 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

6 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

7 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

8 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

9 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

10 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

11 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

12 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

13 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

14 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

15 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

16 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

17 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

18 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

19 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

20 Tier 1 see note 1 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

20 Tier 2 see note 1

Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

20 Tier 3 see note 1 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

21 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

22 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

23 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

24 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

25 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

26 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

27 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

28 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

29 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

30 Gallon TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

31 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

32 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

33 Ton TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

EPA INDEX PERIODS

Apr-19 Oct-19 Apr-20 Oct-20 Apr-21 Oct-21 Apr-22 Oct-22 Apr-23 thru thru thru thru thru thru thru thru thru

Sep-19 Mar-20 Sep-20 Mar-21 Sep-21 Mar-22 Sep-22 Mar-23 Sep-23

Note 1: Daily requirement per B.2 is 276 tons per day. SSC will only request the maximum daily quantities on rare occasion and will more frequently order 138 tons to 184 tons per day. Therefore, only Tier 1 pricing shall be applied to orders of up to 184 tons per day. Tier 2 pricing shall only be applied for additional daily tonnage delivered greater than 184 tons but less than 230 tons. Tier 3 pricing shall only be applied for additional daily tonnage delivered greater than 230 tons and up to maximum daily of 276 tons.

For Example: (Numbers used are fictional)

SSC requests shipment of 276 tons on 7/25/2019. The total tonnage delivered per shipping paperwork comes out to

276 tons. If Tier 1 is $100/ton, Tier 2 is $120/ton, and Tier 3 is $150/ton, then SSC shall pay the contractor:

𝑇𝑖𝑒𝑟 1 = $100 𝑡𝑜𝑛 ∗ 184 𝑡𝑜𝑛𝑠 = $18,400

𝑇𝑖𝑒𝑟 2 = $120 𝑡𝑜𝑛 ∗ 46 𝑡𝑜𝑛𝑠 = $5,520

𝑇𝑖𝑒𝑟 3 = $150 𝑡𝑜𝑛 ∗ 46 𝑡𝑜𝑛𝑠 = $6,900

𝑇𝑜𝑡𝑎𝑙 𝐶𝑜𝑠𝑡 𝑓𝑜𝑟 276 𝑡𝑜𝑛𝑠 = $30,820

B.4 OTHER PRICING OPTIONS

Refer to Attachment 001 Section E for a description of each pricing option.

Emergency Delivery – Section E.1(b)

Inability to Accept Delivery – Section E.7

Demurrage – Section E.8

Hot Tank Fill – Section E.9

Short Notice Changes – Section E.10

CLIN Description Unit

Best

Estimated

Qty per

Year

Unt Price

Year 1

Unit

Price

Year 2

Unit

Price

Year 3

Unit

Price

Year 4

Unit Price

Year 5

1 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 256 TBD TBD TBD TBD TBD

1 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

1 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

2 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 256 TBD TBD TBD TBD TBD

3 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

3 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

3 Hot Tank Fill Price Per

4 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

4 Hot Tank Fill Price Per

5 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

5 Hot Tank Fill Price Per

6 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

6 Hot Tank Fill Price Per

7 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

7 Hot Tank Fill Price Per

8 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Price Per Mile 272 TBD TBD TBD TBD TBD

8 Hot Tank Fill Price Per

9 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 220 TBD TBD TBD TBD TBD

9 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

9 Emergency Delivery Price Per

5 TBD TBD TBD TBD TBD

10 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 110 TBD TBD TBD TBD TBD

10 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

Maintenance/Repair

Labor Price Per Hr 115 TBD TBD TBD TBD TBD

Maintenance/Repair

Labor – Overtime Price Per Hr 70 TBD TBD TBD TBD TBD

Maintenance/Repair

Labor - Weekend Price Per Hr 25 TBD TBD TBD TBD TBD

11 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 60 TBD TBD TBD TBD TBD

11 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

11 Emergency Delivery Price Per

12 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 60 TBD TBD TBD TBD TBD

12 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

12 Emergency Delivery Price Per

13 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

13 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

13 Emergency Delivery Price Per

14 Demurrage Price Per ¼ Hr 8 N/A N/A TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 N/A N/A TBD TBD TBD

14 Hot Tank Fill Price Per

Occurrence

2 N/A N/A TBD TBD TBD

14 Emergency Delivery Price Per

5 N/A N/A TBD TBD TBD

15 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 154 TBD TBD TBD TBD TBD

15 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

15 Emergency Delivery Price Per

16 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 154 TBD TBD TBD TBD TBD

16 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

16 Emergency Delivery Price Per

17 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 264 TBD TBD TBD TBD TBD

17 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

17 Emergency Delivery Price Per

18 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Price Per Mile 192 TBD TBD TBD TBD TBD

18 Hot Tank Fill

Occurrence

2 TBD TBD TBD TBD TBD

18 Emergency Delivery Price Per

19 Demurrage Price Per ¼ Hr 8 N/A TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 192 N/A TBD TBD TBD TBD

19 Hot Tank Fill Price Per

Occurrence

2 N/A TBD TBD TBD TBD

19 Emergency Delivery Price Per

5 N/A TBD TBD TBD TBD

20 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 224 TBD TBD TBD TBD TBD

20 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

20 Emergency Delivery Price Per

21 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 1104 TBD TBD TBD TBD TBD

21 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

21 Emergency Delivery Price Per

22 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 272 TBD TBD TBD TBD TBD

22 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

22 Hot Tank Fill Price Per

23 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 60 TBD TBD TBD TBD TBD

23 Emergency Delivery Price Per

23 Hot Tank Fill

24 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

24 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

24 Hot Tank Fill Price Per

25 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46

TBD TBD TBD TBD TBD

25 Emergency Delivery Price Per

Occurrence

TBD TBD TBD TBD TBD

25 Hot Tank Fill Price Per

Occurrence

TBD TBD TBD TBD TBD

Short Notice

Changes

Price Per

Tanker

TBD TBD TBD TBD TBD

26 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

26 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

26 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

Short Notice

Changes

Price Per

Tanker

10 TBD TBD TBD TBD TBD

27 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

27 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

27 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

Short Notice

Changes Price Per

28 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

28 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

28 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

Short Notice

Changes Price Per

29 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 46 TBD TBD TBD TBD TBD

29 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

29 Hot Tank Fill Price Per

Occurrence

2 TBD TBD TBD TBD TBD

Short Notice

Changes Price Per

30 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 154 TBD TBD TBD TBD TBD

30 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

30 Hot Tank Fill Price Per

31 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 194 TBD TBD TBD TBD TBD

31 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

31 Hot Tank Fill Price Per

32 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 224 TBD TBD TBD TBD TBD

32 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

Short Notice

Changes Price Per

32 Hot Tank Fill

33 Demurrage Price Per ¼ Hr 8 TBD TBD TBD TBD TBD

Inability to Accept

Delivery Price Per Mile 1104 TBD TBD TBD TBD TBD

33 Emergency Delivery Price Per

Occurrence

5 TBD TBD TBD TBD TBD

33 Hot Tank Fill Price Per

B.5 ECONOMIC PRICE ADJUSTMENT

See Attachment 003, Economic Price Adjustment Clause, for EPA formulas by CLIN.

[End of Section]

SECTION C- DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK

See Attachment 002, Statements of Work, for a description of the requirements per CLIN and location.

C.2 PERFORMANCE SPECIFICATION

All requirements delivered under this contract shall be provided in accordance with the following performance specifications, which are available online at internet addresses referenced below:

Compressed Gas Association (CGA) G-10.1 2008 edition, entitled, “Commodity Specification for

Nitrogen” http://www.cganet.com/customer/Publication.aspx

MIL-PRF-27401 (Rev. G) dated August 7, 2013, entitled, “Propellant Pressurizing Agent, Nitrogen”

MIL-PRF-25508 (Rev. H) dated October 27, 2011, entitled, “Propellant, Oxygen”

MIL-PRF-27210 (Rev. J) dated August 7, 2013, entitled, “Oxygen, Aviator’s Breathing, Liquid and Gas” http://quicksearch.dla.mil

Product supplied shall fully meet the requirements of the applicable specification(s) as indicated in the

Section B.2, Schedule of Supplies, except as modified in Attachment 002, Statement of Work.

Note: Please refer to H.1, Laboratory Analysis, and Attachment 002, Statements of Work, for particulate testing requirements and optional analysis.

(End of clause) http://quicksearch.dla.mil/

SECTION D- PACKAGING AND MARKING

D.1 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA. (JAN 1997) - ALTERNATE I (JUL 1995)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 DELIVERY REQUIREMENTS

(a) The contractor shall provide delivery capability for Government requirements to the delivery points specified in Section B.2. Delivery conveyances must comply with applicable DOT regulations. The contractor shall comply with applicable safety standards and maintain purity of product during loading and delivery. The contractor shall develop, maintain, and make available to the Government all conveyance operating procedures. Note: The amount of delivery equipment shall be sufficient to allow for operational variations, maintenance, downtime, Department of Transportation (DOT) requirements, and contingency provisions

(b) The contractor shall ensure the on-schedule delivery of liquid nitrogen and oxygen ordered by the

Government. Each request for shipment shall set the required delivery by specifying the date, time, location, quantities, and any other pertinent information regarding the shipment. The Government will provide notice prior to requiring delivery of ordered product as set forth in Attachment 002. Requests for shipment placed less than 48 hours shall incur a short notice emergency delivery charge at the price per occurrence specified in Section B.4.

(c) The contractor shall provide trained personnel necessary for offloading product from the tankers to the government interface. User locations will provide personnel to operate facility equipment. During offloading, the contractor shall operate the tanker in accordance with approved procedures.

(d) Ancillary equipment and services may be required to effect delivery of liquid nitrogen and oxygen to satisfy Government requirements. Ancillary equipment and services includes, but is not limited to, temporary cryogenic storage vessels, liquid-to-gas conversion units (receivers, pumps, vaporizers, and associated piping), and other equipment and services to support related propellant requirements under this contract. The contracting officer administering the applicable delivery order will be notified of the ancillary requirement and will issue a delivery order modification with negotiated pricing.

E.2 MATERIAL INSPECTION AND RECEIVING REPORT

(a) At the time of each delivery under this contract, the contractor shall furnish to the Government a

Material Inspection and Receiving Report (DD Form 250 series or equivalent commercial document), prepared in duplicate (original and one copy). If the contractor elects to use the DD Form 250, it shall be prepared in accordance with NASA FAR Supplement 1846.6. Note: Equivalent commercial document must contain the same level of detail/specificity as the DD Form 250.

(b) Upon delivery of product to the destination, each copy of the Material Inspection and Receiving

Report shall be signed and dated by the receiver. The original shall remain with the contractor’s driver making the delivery, and one copy shall be retained by the receiving destination as proof of delivery.

(c) A legible copy of the applicable contractor quantity delivered measurement ticket shall be attached to each copy of the Material Inspection and Receiving Report submitted for each delivery. The quantity delivered measurement ticket shall include the associated shipment number and tanker number as cross reference to the Material Inspection and Receiving Report. The foregoing documentation shall be submitted with all invoices.

(d) Contractor shall overprint, in an appropriate space on each Material Inspection and Receiving Report, any applicable tanker unloading demurrage invoiced in accordance with this contract. Such demurrage shall be certified by personnel of the receiving activity who are not in the employ of the contractor. At the Government's option, and when available, Government personnel may be required to certify demurrage charges.

E.3 CERTIFICATE OF CONFORMANCE

A certificate of conformance shall accompany each delivery to verify product quality and quantity. The contractor's quality assurance representative shall sign and date the certificate of conformance to verify quantity, quality, and proper documentation (i.e., laboratory analysis, etc.) at origin. The signed certificate of conformance shall be attached to, or entered on, copies of the DD Form 250, or equivalent commercial document. The certificate of conformance shall be prepared in accordance with FAR 52.246-

15, paragraph (d).

E.4 DETERMINATION OF BILLING

The delivered product price per unit includes all product and transportation costs for the quantities delivered and accepted. The unit price shall be F.O.B. destination. Scales or meters used in determining weight or volume shall be certified and must meet all specifications and user requirements and tolerance as stated in the National Institute of Standards and Technology (NIST) Handbook 44. Such scales or meters shall be calibrated annually and records of this calibration shall be maintained for a minimum of one year and made available to the contracting officer or designated representative upon request. After delivery of product, quantity delivered in units measured by scale or meter shall be annotated on a DD

Form 250 or equivalent commercial document.

E.5 QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE

(a) Unless otherwise directed by the Contracting Officer, in-process inspection, end-item inspection, and test verification shall be performed by the Contractor at the Contractor's facilities, to ensure compliance with the contract requirements. The Government may perform periodic inspections or audits at the contractor’s facilities to verify, inspect, and ensure that supplies meet the contract requirements, including calibrations, process control monitoring, drawings and specifications.

(b) Any delivery location will have the option to sample liquid nitrogen or oxygen being delivered and analyze it for impurities prior to off-loading the transport vehicle or container. Such sampling shall be subject to demurrage charges, as applicable in accordance with this contract. If the sample does not meet specification requirements, the load will not be accepted and will be returned to the Contractor's facility for disposition. In case of non-acceptance, no product, transportation, demurrage, or any other costs will be charged to, or be paid by the Government.

(c) The Contractor shall maintain records of inspections and tests performed on the items of this contract.

All records and tests shall be traceable to the liquid nitrogen or oxygen delivered and shall include applicable tanker/trailer number, serial number, lot number, or any other acceptable method of identification. These records shall be made available to the Government, upon request, during the performance of this contract and for 180 days after delivery of the item(s).

(d) The Contractor shall develop and maintain documentation of a quality control program, including but not limited to: Plant operating procedures (as they relate to quality provisions); handling procedures;

loading and off-loading of shipping conveyances; storage; analytical instruments and scale calibrations;

sampling; and analysis. Operating plans or procedures shall be submitted to the Government upon request. Final inspection and acceptance shall be accomplished at the receiving destination. Acceptance shall occur upon signoff by the receiving destination on the appropriate material inspection and receiving report.

(e) All applicable requirements included in the delivery order, including this clause, shall be flowed down to the organization’s sub-tier suppliers.

E.6 PRODUCT INTEGRITY CONTROL

(a) The contractor shall furnish seals to prevent tampering with the propellant delivery tankers. The seals must easily identify any attempted tampering. The contractor shall seal all tankers prior to shipment.

(b) The contractor shall maintain cleanliness of shipping container interfaces, transfer hoses and fittings.

The contractor shall seal all drain and fill ports prior to shipment from the facility of origin.

(c) The contractor shall inspect each loaded conveyance just prior to shipment to ensure all end connections are protected with dust covers (or other protectors) and there is no leakage of product.

(d) Upon arrival at the receiving destination propellant interface, conveyances shall be visually inspected by the receiving activity for hazardous conditions, cleanliness, and seal integrity. Any discrepancy is cause for rejection.

E.7 GOVERNMENT'S INABILITY TO ACCEPT DELIVERY

When the contractor makes a delivery to a single destination and the tanker cannot be accepted due to storage tank problems or for other reasons under the control of the receiving organization, and through no fault of the contractor, product charges will not be incurred; however, transportation charges will be based on the round-trip miles at the transportation price per mile specified in section B.4. Roundtrip mileage shall be from the primary plant source identified in Attachment 004, Capability Form. Plant Source to each specified receiving destination shall be based on internet website Google Maps, http://maps.google.com/

E.8 DEMURRAGE

The Government will pay the contractor demurrage for all delays in unloading propellant delivery tankers in excess of 4 hours after arrival and check-in at place of delivery, if such delay is without the fault or negligence of the contractor and is not caused by the failure of the contractor's equipment. If more than one tanker is scheduled for the same arrival time, demurrage charges shall begin 4 hours after arrival time of the last trailer in the group, and end at the release of the last trailer in the group. This unloading demurrage charge shall be paid the contractor per quarter-hour or fraction thereof. No demurrage charges shall be billed or paid for the loading of any propellant delivery tankers. If the free time has been exceeded, the driver, upon leaving the site, shall leave the consignee written documentation showing the date, time of arrival, time of departure, cause of delay, if known, and information identifying the shipment. The driver shall sign such documentation and shall request the consignee to do likewise. A copy thereof, as proof of delay, shall accompany all invoices for demurrage. Contractor shall ensure that all deliveries from a multi-source operation shall be effected at the lowest overall cost to the Government.

E.9 HOT TANK FILL

A hot tank is a storage container which no longer contains any, or very little, cryogen and has warmed to ambient temperature. A hot tank fill procedure is necessary for safe chill-down. The additional costs for the hot tank fill is in the form of labor and travel expenses to provide contractor expertise, when requested by the government, to safely perform the hot tank fill. The hot tank fill charge shall be on a “per occurrence” basis as specified in section B.4.

E.10 SHORT NOTICE CHANGES – FIVE OR MORE TANKERS AT ONE TIME

The Government acknowledges that requests for shipment of 5 tankers or more at one time require extensive coordination by the contractor and that short notice cancellation of delivery or short notice change of delivery results in additional costs to the contractor. Therefore, cancelling an order less than 24 hours prior to scheduled delivery or altering the schedule more than 12 hours with less than 24 hours’ notice shall incur a charge at the price per tanker specified in the B.4. This charge shall only be applicable to orders of 5 tankers or more to be delivered at the same time and to the same location.

E.12 FLASH REPORTS

The contractor shall provide the contracting officer, or his designated representative, with an immediate verbal Flash Report of any accident or incident which may have an adverse impact on the contractor's ability to deliver liquid cryogenic propellant to the Government, such as a plant outage (scheduled or unscheduled), trailer malfunction, or of any other occurrence in which the Government could reasonably be expected to have an interest by virtue of this contract. Such Flash Reports shall be confirmed in writing (electronic submission), in appropriate detail. Except as otherwise provided in this contract, the cost of data to be furnished in response to this contract is included in the price of this contract.

E.13 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ISO 9001 Fifth Edition 2015-09-15

E.14 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

Addendum to Paragraph (m) Termination for Cause. In addition to those requirements as stated in paragraph (m), the following is added and shall apply to this contract.

(a) In the event the Contractor is unable to meet its delivery obligations from the specified sources, the

Contractor may supply the deficient quantities from other sources at the price agreed to in Section B.3 of this contract.

(b) If such deficient quantities are not so supplied, the Government may acquire liquid nitrogen or oxygen from other sources to the level of the quantities deficient, and the Contractor shall pay the

Government the difference between the delivered price from such other source and the applicable delivered price under Section B.3 of this contract. In this situation, the Government will pay the full price for the spot delivery and may short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the Contractor’s normal price to the Government, and the price the Government paid for the spot delivery.

(c) In the event the Contractor continues to fail to deliver, correct deficiencies, or comply with contract terms and conditions, the Government may invoke its right to terminate for cause.

(End of Addendum to FAR 52.212-4)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE OR DELIVERY LOCATION

NAME LOCATION CLINs

ARC Mountain View, CA 94035 001 and 002

GRC / PBS Cleveland, OH 44135 / Sandusky, OH 44870 003 – 008 and 022

GSFC Greenbelt, MD 20771 009

JPL Pasadena, CA 91109 0010

JSC / Ellington Airport Houston, TX 77058 / Houston, TX 77034 011, 012 and 023

KSC / CCAFS KSC, FL 32899 / CCAFS, FL 32920 013, 014 and 024 – 029

LaRC Hampton, VA 23681 015, 016 and 030

MAF New Orleans, LA 70129 017

MSFC Huntsville, AL 35812 018, 019 and 031

SSC SSC, MS 39529 020 and 032

WSTF Las Cruces, NM 88012 021 and 033

F.2 PERIOD OF PERFORMANCE

The period of performance is from July 1, 2019, through June 30, 2024 (a base contract of five (5) years with no options).

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

Addendum to Paragraph (i) Payment. In addition to those requirements as stated in paragraph (i), the following are added and shall apply to the payment instructions.

(i) Payment

(a) The Contractor shall submit all invoices using the steps described at NSSC’s Vendor Payment information web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer

Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(b) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an invoices within seven calendar days of receipt by the NSSC Payment Office.

Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (a) of this section.

(c) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(End of Addendum to FAR 52.212-4) https://www.nssc.nasa.gov/vendorpayment

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 LABORATORY ANALYSIS

A laboratory analysis shall be performed at the loading point of the conveyance for each shipment made under this contract. In the event laboratory facilities are not available to perform this analysis at the loading point, the contractor shall make arrangements to have the analysis performed at a location approved by the contracting officer. In any event, the analysis results shall be attached to the DD Form

250, or equivalent commercial document.

Note: The particulate test required by MIL-PRF-25508H and MIL-PRF-27401G, may be omitted provided a 10 micron nominal, 40 micron absolute, filter is used between the tanker fill manifold and each tanker.

Note: The in-line filtration noted in CGA G-10.1 2008 Edition, Section 6.10 is required, unless otherwise specified in Attachment 002, Statements of Work.

H.2 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS)

A Defense Priorities and Allocations System (DPAS) rating will be included on specific delivery orders required to comply with FAR 52.211-14 DPAS requirements.

H.3 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of items ______ through _____ , the sum of $________ is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the

Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the

Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until _________.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the

Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the

SCHEDULE FOR ALLOTMENT OF FUNDS

Date Amounts contract is terminated pursuant to the Termination for Convenience of the

Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph

(c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the

Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this

Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

H.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL 2018)

(Applicable to CLINs 13, 14, 24, 25, 26, 27, 28, and 29)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP)

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management Requirements

KNPR 8715.3, KSC Safety Procedural Requirements

KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ ]KNPD 1810.1 KSC Occupational Medicine Program

[ ]KNPR 1860.1 KSC Ionizing Radiation Protection Program

[ ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program

[ ]KNPR 1820.3 KSC Hearing Loss Prevention Program

[ ]KNPR 1820.4 KSC Respiratory Protection Program

[X]KNPR 1840.19 KSC Industrial Hygiene Programs

[ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program

[ ]KNPR 1840.1 KSC Hazard Communication Program

[ ]KNPR 1870.1 KSC Sanitation and Public Health Program

[ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements

[ ]KNPR 4000.1 Supply and Equipment System Manual

[ ]KNPR 6000.1 KSC Transportation Support System Manual

[ ]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements

[ ]KNPR 8830.1 Facility Asset Management Procedural Requirements

H. 5 JPI 52.204-92 NASA Security Program and Identification of Employees. (AUG 2018) (JSC

Procurement Instruction) (Applicable to CLINs 11, 12, 21, 23, and 33 only)

(a) The contractor shall adhere to Center and Agency-wide program policy and guidance for security operations and the Contractor shall comply with the following:

• NPR 1600.1, NASA Security Program Procedural Requirements

• NPD 1600.9, NASA Insider Threat Program

• NPD 1600.3, Policy on Prevention of and Response to Workplace Violence

• NPR 1600.3, Personnel Security

• NPR 1600.4, Identity and Credential Management.

(b) For any contract requiring a Facility Clearance Level (FCL) for access to Classified National Security

Information (CNSI), the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of CNSI by complying with the following:

• NPR 1600.2, NASA Classified National Security Information http://procurement.ksc.nasa.gov/PPD/documents

(c) For any contract requiring an FCL for access to CNSI and requiring access to Communications

Security (COMSEC) equipment, the contractor shall adhere to the Agency-wide program policy and guidance related to the protection of COMSEC equipment by complying with the following:

• NPR 1600.6, Communications Security (COMSEC) (NPR 1600.6 is a protected document that can be obtained by contractors that have a need-to-know. The JSC point of contact is the JSC COMSEC Account

Manager (CAM)).

(d) At all times while on NASA property, the contractor, subcontractors, their employees, and agents shall wear NASA issued credentials. NASA credentials will be issued in accordance with NPR 1600.4, Identity and Credential Management. The employee’s Facility Security Officer (FSO) and/or Designated Official

(DO) will submit an identity request for temporary (between 29 and 179 days) or permanent (greater than

180 days) credentials within the NASA Identity and Access Management (IdMAX) system.

(e) Credentials will be issued at the following locations:

• NASA Badging & Visitor Control Office, located in Building 110 at the Johnson Space Center (JSC)

6:00 a.m. to 5:30 p.m.