80KSC019R0021_Solicitation_NASA-Wide_Agency_Supply_of_Helium_Amendment_2.pdf

80KSC019R0021

SECTION B- SUPPLIES OR SERVICES

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

This is an indefinite delivery (ID) requirements contract with fixed price delivery orders for the purchase of liquid and gaseous helium. 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 specified by location in Attachment 001.

DELIVERY LOCATIONS:

Ames Research Center (ARC), Moffett Field, CA

Armstrong Flight Research Center (AFRC), Palmdale, CA

Columbia Scientific Balloon Facility (CSBF), Ft. Sumner, NM

Columbia Scientific Balloon Facility (CSBF), Palestine, TX

Columbia Scientific Balloon Facility (CSBF), Port Hueneme, CA

Glenn Research Center at Lewis Field (GRC), Cleveland, OH

Glenn Research Center Plum Brook Station (GRC-PS), Sandusky, OH

Goddard Space Flight Center (GSFC), Greenbelt, MD

Jet Propulsion Laboratory (JPL), Pasadena, CA

Johnson Space Center (JSC), Houston, TX

Kennedy Space Center (KSC), KSC, FL

Langley Research Center (LaRC), Hampton, VA

Marshall Space Flight Center (MSFC), MSFC, AL

Michoud Assembly Facility (MAF), New Orleans, LA

Stennis Space Center (SSC), SSC, MS

Wallops Flight Facility (WFF), Wallops Island, VA

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

B.2 SCHEDULE OF SUPPLIES

Schedule of supplies are provided on the following pages.

BULK, DEWAR, and CYLINDER HELIUM REQUIREMENTS

CLIN LOCATION1 CONTAINER UNIT2

BEST ESTIMATED QUANTITY3

SPEC.

GRADE4 YEAR 1 YEAR 2

OPTION 1

YEAR 3

OPTION 2

YEAR 4

OPTION 3

YEAR 5

001 ARC Dewar Liter 1,800 1,800 1,800 1,800 1,800

002 AFRC Dewar Liter 31000 31,000 31,000 31,000 31,000

003 CSBF TX Trailer Scf 1,050,000 1,200,000 1,050,000 1,200,000 1,050,000 Grade A

004 CSBF TX Dewars Liter 35,000 35,000 35,000 35,000 35,000

005 CSBF NM Trailer Scf 3,200,000 2,530,000 3,200,000 2,530,000 3,200,000 Grade A

SPEC.

GRADE4 YEAR 1 YEAR 2

OPTION 1

YEAR 3

OPTION 2

YEAR 4

OPTION 3

YEAR 5

006 CSBF NM Dewars Liter 35,000 35,000 35,000 35,000 35,000

007 CSBF- CA International

Organization for

Standardization

(ISO) Container

Scf 640,000 800,000 640,000 800,000 640,000 Grade A

008 GRC Trailers Scf 500,000 500,000 500,000 500,000 500,000 Grade A

009 GRC PS Trailers Scf 420,000 3,500,000 420,000 4,340,000 4,340,000 Grade A

GSFC Dewar (60

Liter)

Liter 1,020 1,020 1,020 1,020 1,020

011 GSFC

Dewar (100

Liter)

Liter 15,000 15,000 15,000 15,000 15,000

012 GSFC

Dewar (250

Liter)

Liter 3,500 3,500 3,500 3,500 3,500

013 GSFC

Dewar (350

Liter)

Liter 4,550 4,550 4,550 4,550 4,550

014 GSFC

Dewar (500

Liter)

Liter 10,000 10,000 10,000 10,000 10,000

015 GSFC

Cylinder (212

Scf)

Scf 105,000 105,000 105,000 105,000 105,000 Grade B

016 WFF

Cylinder (213

Scf)

Scf 13,100 13,100 13,100 13,100 13,100 Grade B

017 JPL Trailer Scf 40,000 0 0 0 0 Grade A5

018 JPL Dewar Liter 20,000 20,000 20,000 20,000 20,000

019 JSC Trailer Scf 150,000 150,000 150,000 150,000 150,000 Grade A

020 JSC Dewar Liter 2,200 2,200 2,200 2,200 2,200

021 JSC

Cylinder (257

Scf)

Scf 6,200 6,200 6,200 6,200 6,200 Grade A

022 JSC Cylinder (213

Scf)

Scf 58,000 58,000 58,000 58,000 58,000 6

023 KSC Dewar Liter 1,500 1,500 1,500 1,500 1,500

024 KSC Tanker Liter 2,964,000 3,705,000 3,822,000 4,056,000 4,290,000 7

025 KSC Tanker Liter 480,000 0 0 480,000 480,000 8

026 LaRC Dewar Liter 1,100 1,100 1,100 1,100 1,100

027 MSFC Trailer Scf 3,400,000 3,400,000 2,500,000 2,500,000 2,500,000 Grade A

028 MSFC Dewar Liter 4,500 4,500 4,500 4,500 4,500

029 MAF Trailer Scf 1,200,000 1,500,000 1,200,000 1,500,000 1,200,000 Grade A

SPEC.

GRADE4 YEAR 1 YEAR 2

OPTION 1

YEAR 3

OPTION 2

YEAR 4

OPTION 3

YEAR 5

030 MAF Dewar (500

Liter)

Liter 53,000 42,000 42,000 42,000 42,000

031 SSC Trailer Scf 11,600,000 14,500,000 11,400,000 6,600,000 6,600,000 Grade A

032 WSTF Trailer Scf 2,310,000 2,310,000 2,310,000 2,310,000 2,310,000 Grade A

1 Delivery Location

2 Gaseous Helium (GHe) (Type I) is listed in Standard Cubic Feet (scf). Additionally, Liquid helium (LHe) (Type II) is listed in

Liters.

3 The Best Estimated Quantity (BEQ) reflects the estimated total yearly usage of a location.

4 Performance Specification grade (per MIL-PRF-27407D unless otherwise noted)

5 The actual year of the entire contract requirement of one single trailer delivery during the Period of Performance of the contract is uncertain. Actual delivery may occur during any year of the Period of Performance of the contract. Pricing is required for all years.

6 99.9997% Purity (“Ultra High Purity”)

7 Two Government Furnished Equipment (GFE) LHe tankers to be provided for this CLIN.

8 Space Launch System (SLS) support. Requirement to support multiple SLS launch attempts in addition to pre-launch Tanking

Test. GFE will not be provided for this CLIN. Schedule changes could result in requirements shifting between years. Pricing is required for all years.

B.3 PRODUCT UNIT PRICING

The price of each CLIN shall be added to this section upon contract award.

Product Unit Prices

CLIN Location Container Unit Year 1 Year 2

Option 1

Year 3

Option 2

Year 4

Option 3

Year 5

001 ARC, Moffett Field, CA Dewar Liter

002 AFRC, Palmdale CA Dewar Liter

003 CSBF,Palestine, TX Trailer Scf

004 CSBF,Palestine, TX Dewar Liter

005 CSBF, Ft. Sumner, NM Trailer Scf

006 CSBF, Ft. Sumner, NM Dewar Liter

007 CSBF, Port Hueneme, CA ISO

Container

Scf

008 GRC, Cleveland, OH Trailer Scf

009 GRC-PS, Sandusky, OH Trailer Scf

010 GSFC, Greenbelt, MD Dewar Liter

011 GSFC, Greenbelt, MD Dewar Liter

012 GSFC, Greenbelt, MD Dewar Liter

Product Unit Prices

CLIN Location Container Unit Year 1 Year 2

Option 1

Year 3

Option 2

Year 4

Option 3

Year 5

013 GSFC, Greenbelt, MD Dewar Liter

014 GSFC, Greenbelt, MD Dewar Liter

015 GSFC, Greenbelt, MD Cylinder Scf

016 WFF, Wallops Island, VA Cylinder Scf

017 JPL, Pasadena, CA Trailer Scf

018 JPL, Pasadena, CA Dewar Liter

019 JSC, Houston, TX Trailer Scf

020 JSC, Houston, TX Dewar Liter

021 JSC, Houston, TX Cylinder Scf

022 JSC, Houston, TX Cylinder Scf

023 KSC, FL Dewar Liter

024 KSC, FL Tanker Liter

025 KSC, FL Tanker Liter

026 LaRC, Hampton, VA Dewar Liter

027 MSFC, AL Trailer Scf

028 MSFC, AL Dewar Liter

029 MAF, New Orleans, LA Trailer Scf

030 MAF, New Orleans, LA Dewar Liter

031 SSC, MS Trailer Scf

032 WSTF, Las Cruces, NM Trailer Scf

B.4 PRICE ADJUSTMENT FOR VARIANCES IN GOVERNMENT-CONTROLLED CRUDE

HELIUM PRICES

(a) Purpose: Government suppliers of helium are required to obtain crude helium from the Bureau of

Land Management (BLM). Prices charged for crude helium are set annually by the Secretary of the

Department of Interior (hereinafter referred to as “Secretary”) in the spring prior to each Government

Fiscal Year (October 1 through September 30). Estimated future-year crude helium prices are provided for Offerors to consider in developing pricing. Since the actual crude helium future-year prices will be set by the Secretary and may vary significantly from estimates, this clause is established to provide for adjustment of contract product prices in the event the actual future-year prices set by the Secretary vary from the estimates by 2 percent or more.

(b) Baseline and Adjustment Thresholds: The table below presents the estimated and actual crude helium prices (in thousand standard cubic feet) and the adjustment thresholds for determining whether contract prices will be adjusted.

Gov’t

Fiscal

Year

Contract

Year

Estimated

Crude

Helium Price

Downward

Adjustment

Threshold

Actual Crude

Helium Price

Upward

Adjustment

Threshold

2020 Year 1 N/A N/A $97.00 N/A

2021 Year 2 $102.00 $99.96 TBD $104.04

Option 1

Year 3

$107.00 $104.86

TBD

$109.14

Option 2

Year 4

$112.00 $110.25

TBD

$114.75

2024 Year 5 $118.00 $115.64

TBD

$120.36

(c) Computation of Contract Price Adjustments: Each year after the Secretary sets the price for crude helium for the next Government Fiscal Year, the Contracting Officer will enter the actual price set by the Secretary in the table in paragraph (b), compare it to the adjustment thresholds, and determine if the actual price (rounded to two decimal places) is equal to either of the thresholds, less than the downward adjustment threshold or greater than the upward adjustment threshold. Product price adjustments will be computed using the following formulas.

(1) Step 1: Computation of adjustment factor for one standard cubic foot (scf)

AF = (A − E)/1,000

Where, AF = Adjustment factor

A = Actual value from table in paragraph (b) of this clause

E = Estimate value from table in paragraph (b) of this clause

(2) Step 2A: Computation of adjusted contract product prices where the contract product item price is based upon the scf unit of sale:

ACPP = CPP + AF

ACPP = Adjusted contract product price

CCP = Contract product unit price from Section B.3

AF = Adjustment factor from Step 1

(3) Step 2B: Computation of adjusted contract product prices where the contract product item price is based upon a liter unit of sale:

ACPP = CPP + (AF × 26.63)

ACPP = Adjusted contract product price

CCP = Contract product price from Section B.3

AF = Adjustment factor from Step 1

B.5 DELIVERY CHARGE

The delivery charge for each CLIN shall be added to this section upon contract award.

Note: Refer to Section B.6 Price Adjustment for Variances in Retailed On-Highway Diesel Fuel

Prices, for applicable diesel fuel thresholds. Delivery charge is applied per delivery.

Delivery Charge by Diesel Fuel Thresholds

1 2 3 4 5 6 7 8 9 10

Bracket $0.00-

$1.25

$1.26-

$1.75

$1.76-

$2.25

$2.26-

$2.75

$2.76-

$3.25

$3.26-

$3.75

$3.76-

$4.25

$4.26-

$4.75

$4.76-

$5.25

$5.26-

$5.75

CLIN Location Type

001 ARC, Moffett Field, CA Dewar

002 AFRC, Palmdale CA Dewar

003 CSBF,Palestine, TX Trailer

004 CSBF,Palestine, TX Dewar

005 CSBF, Ft. Sumner, NM Trailer

006 CSBF, Ft. Sumner, NM Dewar

007 CSBF, Port Hueneme, CA ISO

008 GRC-, Cleveland, OH Trailer

009 GRC-PS, Sandusky, OH Trailer

010 GSFC, Greenbelt, MD Dewar

011 GSFC, Greenbelt, MD Dewar

012 GSFC, Greenbelt, MD Dewar

013 GSFC, Greenbelt, MD Dewar

014 GSFC, Greenbelt, MD Dewar

015 GSFC, Greenbelt, MD Cylinder

016 WFF, Wallops Island, VA Cylinder

017 JPL, Pasadena, CA Trailer

018 JPL, Pasadena, CA Dewar

Delivery Charge by Diesel Fuel Thresholds

1 2 3 4 5 6 7 8 9 10

Bracket $0.00-

$1.25

$1.26-

$1.75

$1.76-

$2.25

$2.26-

$2.75

$2.76-

$3.25

$3.26-

$3.75

$3.76-

$4.25

$4.26-

$4.75

$4.76-

$5.25

$5.26-

$5.75

019 JSC, Houston, TX Trailer

020 JSC, Houston, TX Dewar

021 JSC, Houston, TX Cylinder

022 JSC, Houston, TX Cylinder

023 KSC, FL Dewar

024 KSC, FL Tanker

025 KSC, FL Tanker

026 LaRC, Hampton, VA Dewar

027 MSFC, AL Trailer

028 MSFC, AL Dewar

029 MAF, New Orleans, LA Trailer

030 MAF, New Orleans, LA Dewar

031 SSC, MS Trailer

032 WSTF, Las Cruces, NM Trailer

B.6 PRICE ADJUSTMENT FOR VARIANCES IN RETAIL ON-HIGHWAY DIESEL FUEL

PRICES

(a) The delivery charges shown in the Section B.5 Delivery Charge, shall be subject to quarterly price adjustment based on the changes in the Retail On-Highway Diesel Fuel Price (U.S. Average) as published by the Energy Information Administration, Official Energy Statistics from the U.S.

Government < http://www.eia.doe.gov/>.

(b) Computation of Contract Price Adjustments: Not later than the first week of each quarter, the

Contracting Officer will enter the actual Retail On-Highway Diesel Fuel Price (U.S. Average) in the table below, and compare it to the fuel thresholds identified in Section B.5 Delivery Charge.

Retail On-Highway

Diesel Fuel Price Delivery Charge Threshold

Quarterly Periods Date Price Existing Revised1 Mod

10/01/2019– 12/31/2019 09/23/2019 TBD N/A TBD BASIC

01/01/2020 – 03/31/2020 12/23/2019 TBD TBD TBD TBD

04/01/2020 – 06/30/2020 03/23/2020 TBD TBD TBD TBD

07/01/2020 – 09/30/2020 06/22/2020 TBD TBD TBD TBD

10/01/2020 – 12/31/2020 09/21/2020 TBD TBD TBD TBD

01/01/2021– 03/31/2021 12/21/2020 TBD TBD TBD TBD

04/01/2021 – 06/30/2021 03/22/2021 TBD TBD TBD TBD

07/01/2021 – 09/30/2021 06/21/2021 TBD TBD TBD TBD

10/01/2021 – 12/31/2021 09/20/2021 TBD TBD TBD TBD

Retail On-Highway

Diesel Fuel Price Delivery Charge Threshold

Quarterly Periods Date Price Existing Revised1 Mod

01/01/2022 – 03/31/2022 12/20/2021 TBD TBD TBD TBD

04/01/2022 – 06/30/2022 03/21/2022 TBD TBD TBD TBD

07/01/2022 – 09/30/2022 06/20/2022 TBD TBD TBD TBD

10/01/2022 – 12/31/2022 09/19/2022 TBD TBD TBD TBD

01/01/2023 – 03/31/2023 12/19/2022 TBD TBD TBD TBD

04/01/2023 – 06/30/2023 03/20/2023 TBD TBD TBD TBD

07/01/2023 – 09/30/2023 06/19/2023 TBD TBD TBD TBD

10/01/2023 – 12/31/2023 09/18/2023 TBD TBD TBD TBD

01/01/2024 – 03/31/2024 12/18/2023 TBD TBD TBD TBD

04/01/2024 – 06/30/2024 03/18/2024 TBD TBD TBD TBD

07/01/2024 – 09/30/2024 06/17/2024 TBD TBD TBD TBD

1 The revised threshold may be the same as the existing threshold.

B.7 OTHER PRICING

Pricing Spreadsheet, Tab 4 - Other Pricing, will be incorporated into this Section upon contract award.

RENTAL

Rental will be applicable when the contractor is using their equipment (dewar, cylinder, trailer, tanker) to transport and deliver helium to a delivery location and that equipment is retained at the delivery location for a minimum of one day. Rental rates (per day) will be based on the prices specified in Section B.7.

INABILITY TO ACCEPT DELIVERY

When the contractor makes a delivery to a destination and the delivery conveyance 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.7. The round trip mileage shall originate at the distribution facility (transfill facility unless production facility is the transfill facility) identified in Attachment 002, Capability Form. If a delivery is cancelled by the

Government en route to the delivery location, the roundtrip mileage will be calculated based on the mileage incurred until the en route cancellation takes place. Mileage will be based on a current internet mapping tool.

EMERGENCY DELIVERY

When the contractor agrees to make an accelerated delivery versus the delivery time specified in the contract, the Emergency Delivery charge (per occurrence) will apply at the prices specified in Section

B.7. This Emergency Delivery charge will be in addition to the normal delivery charges.

ONE WAY MILEAGE

One way mileage will be applicable when the contractor is directed to drop off or pick up a trailer, tanker, dewar(s) or cylinder(s) and is unable to haul another trailer, tanker, dewar(s) or cylinder(s) for half of the route (also known as a dead-head or bob-tail run). Transportation charges will be based on the price per mile specified in Section B.7. This charge will not apply if the contractor chooses not to pick up available empty trailer(s), tanker(s), dewar(s) or cylinder(s) at the time of delivery of full trailer(s), tanker(s), dewar(s) or cylinder(s).

PURGING AND COOL-DOWN

Purging and/or cooldown of liquid helium tankers and dewars, as well as purging of gaseous helium trailers and ISO containers, may be required to be performed by the contractor to meet applicable safety standards and to maintain purity of the product and associated containers. Purging and cool-down charges will be based on the prices specified in Section B.7.

DEMURRAGE

The Government will pay the contractor demurrage for all delays in unloading propellant delivery tankers/trailers 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/trailer is scheduled for the same arrival time, demurrage charges shall begin 4 hours after arrival time of the last tanker/trailer in the group, and end at the release of the last tanker/trailer in the group. This unloading demurrage charge shall be paid to the contractor per quarter-hour or fraction thereof. If the four hours 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.

Reasons for such delay shall be annotated on the Material Inspection and Receiving Report (i.e., Block

23C of the DD Form 250), or other documentation, and signed by the driver. Contractor shall ensure that all deliveries from a multi-source operation shall be effected at the lowest overall cost to the Government.

TUBE REMOVAL/REPLACE (MEET DOT REQUIREMENT)

Price includes all fixed, variable, and incremental costs associated with tube removal/replacement.

ISO MODULE MOBILIZATION

Price includes all fixed, variable, and incremental costs associated with tube ISO Module Mobilization.

[End of Section]

SECTION C- DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK

See Attachment 001, Statements of Work, for a description of the requirements by CLIN and location.

C.2 PERFORMANCE SPECIFICATION

Product supplied under this contract shall fully meet the requirements of the following performance specification unless otherwise specified in the Schedule as ultra-high purity:

Performance Specification Document ID: MIL-PRF-27407D

Title: Propellant Pressurizing Agent, Helium

Document Part Description: Revision D

Part Date: 1 August 2014

Specification may be downloaded from: <http://ww12.assistdocs.com/>

Note: The test method for neon identified in Table I of MIL‐PRF‐27407D may be accomplished by using the assurance method identified at Section 4.5a. of MIL‐PRF‐27407D, provided the contractor adheres to the following conditions: (1) Gaseous helium (Grade A and/or Grade B) is produced by vaporization of liquid helium. (2) Analysis of the liquid helium indicates that total neon impurities is less than 2 parts per million. (3) Liquid helium analysis shall accompany shipments of gaseous helium as part of the

Laboratory Analysis Report. Contractor shall attach the liquid helium analysis results to the Laboratory

Analysis Report. Neon analysis/analytical results shall be clearly identified on the liquid helium analysis.

(4) There is no source of neon during the vaporization, compression and filling operations that convert the liquid helium to the final delivered pressurized gaseous helium. (5) Certificate of conformance shall certify the gaseous helium supplied meets or exceeds the appropriate grade purity specified in MIL‐PRF‐ 27407D.

(End of clause) http://ww12.assistdocs.com/

SECTION D- PACKAGING AND MARKING

D.1 FAR 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 applicable delivery destinations. Delivery conveyances must comply with applicable Department of

Transportation (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 Transpiration (DOT) requirements, and contingency provisions.

(b) Loading and dispatching delivery conveyances shall be scheduled to assure arrival at destination during normal receiving hours as set forth in Attachment 001, or unless otherwise directed. The contractor shall ensure the on-schedule delivery of helium ordered by the Government. The

Government will provide notice prior to requiring delivery of ordered product as set forth in

Attachment 001. Unless otherwise stated in Attachment 001 (ex: 72 hours or greater lead time specified for supplier to deliver), delivery will be required 48 hours after order is placed. Shorter notice than stated in Attachment 001 (48 - 72 hours for most locations) shall incur a short notice emergency delivery charge at the price per delivery specified in Section B.7 Other Pricing.

(c) The contractor shall provide purge and cool-down services at the contractor's facility as required to meet applicable safety standards and to maintain purity of the product. The contractor shall develop, maintain, and make available to the Government all conveyance purge and cool-down procedures.

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

(e) Ancillary equipment and services may be required to effect delivery of helium 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. Note:

Maintenance of Government property is the responsibility of the Government at the location the property is provided. However, services such as routine maintenance, repairs, inspections, and/or

DOT required certifications may be obtained under this contract.

E.2 MATERIAL INSPECTION AND RECEIVING

(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 triplicate (original and two copies). 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. The contractor shall include with each Material Inspection Receiving Report a Laboratory

Analysis Report pertaining to each shipment.

(1) 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 two copies shall be retained by the receiving destination as proof of delivery.

(2) A legible copy of the applicable contractor certified weight ticket or pressure/temperature readings will be attached to each copy of the Material Inspection and Receiving Report submitted for each delivery. The certified weight ticket or pressure/temperature readings shall include the associated shipment number and tanker and/or tube trailer number as cross reference to the Material Inspection and Receiving Report. The foregoing documentation will be submitted with all invoices.

(3) Contractor shall overprint, in an appropriate space on each Material Inspection and Receiving

Report, any applicable tanker/trailer 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.

(b) The Laboratory Analysis Report shall be performed at the loading point of the conveyance for each shipment made under this contract. In case of liquid helium dewar shipments, provided the dewars are filled directly from a liquid helium tanker (and not an intermediate tank), the analysis can be conducted on the liquid helium tanker at the point of tanker loading. The analysis for the dewar shipment will reflect the tanker analysis the dewars were filled from. If multiple tankers are used to fill a dewar shipment, the analysis paperwork for all tankers will be provided with traceability between tankers and dewars. In the event laboratory facilities are not available to perform this analysis at the loading point, the contractor will 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 Material Inspection and Receiving Report.

(c) A Certificate of Conformance shall also 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 (analysis report, etc.) at origin.

The signed Certificate of Conformance shall be attached to, or entered on, copies of the Material

Inspection and Receiving Report. The certificate of conformance shall be prepared in accordance with FAR 52.246-15, paragraph (d).

E.3 METHOD OF MEASUREMENT FOR BILLING

(a) Liquid helium: Determining the quantity of product delivered for billing purposes shall be accomplished in accordance with the following procedures: Scales used in determining weights as required by these procedures 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. The maximum error will not exceed plus or minus two-tenths of 1 percent of the load being weighed. Such scales will be calibrated yearly and records of this calibration will be maintained for a minimum of one year and made available to the Contracting Officer or his designated representative upon request.

(1) Bulk liquid helium tankers: The scales at the contractor fill location will be the preferred scales for determining tanker weights. In the event the contractor’s scales are out of operation or otherwise unavailable, an alternate scale can be used after approval by the Contracting

Officer.

(i) The weight of the delivered and returned helium will be determined as follows:

(A) For delivered helium: The tankers liquid nitrogen shields shall be filled prior to weighing the full tanker for delivery. The empty weight of the tanker with full nitrogen shields will be subtracted from the full shipped tanker weight with full nitrogen shields. The resulting weight will be the net amount of the delivered helium, for which the Government will pay. The following conversion factors will be applied to convert the weight to liters:

1 Pound = 3.631 Liters = 0.9590 Gallon = 96.72 Standard Cubic Feet

0.2754 Pound = 1 Liter = 0.2642 Gallon = 26.63 Standard Cubic Feet

1.042 Pounds = 3.785 Liters = 1 Gallon = 100.82 Standard Cubic Feet

(B) For returned helium: When the delivery is completed and the tanker is returned to the contractor, the returned tanker’s liquid nitrogen shields shall be filled prior to weighing the tanker. The empty weight of the tanker with full nitrogen shields will be subtracted from the returned tanker weight with full nitrogen shields. The resulting weight will be the weight of the returned helium, for which the

Government will receive full credit. Conversion factors as cited in paragraph

(a)(1)(i)(A) of this clause will be applied to convert the weight to liters.

(ii) A copy of the contractor certified weight ticket(s), with shipment number and trailer/container number affixed, will accompany the Material Inspection and Receiving

Report for payment.

(2) Liquid helium dewars: The scales at the contractor fill location will be the preferred scales for determining the weight of liquid helium delivered in dewars. In the event the contractor’s scales are out of operation or otherwise unavailable, an alternate scale can be used after approval by the Contracting Officer. The tare weight of the dewar will be subtracted from the gross weight and the resulting figure will be net amount for which the Government will pay. A copy of the contractor certified weight ticket(s), with shipment number and trailer/container number affixed, will accompany the Material Inspection and Receiving Report for payment.

(b) Gaseous helium: The contractor shall utilize Bureau of Mines Information Circular 8367, “Computing Volume of Helium In Cylindrical Steel Containers at 10 to 10,000 PSIA of April 1997” to determine the amount of helium supplied. The contractor’s utilization of a computerized measurement system utilizing calculations based on the Bureau of Mines Information Circular 8367 will be considered acceptable. The Government will receive full credit on returned bulk gaseous helium.

(c) Alternate method: The contractor may utilize a method of product measurement, other than those set forth above, provided it is first approved and authorized in writing by the Contracting Officer.

E.4 PRODUCT INTEGRITY CONTROL

(a) The contractor shall furnish seals to prevent tampering with tube trailers and tankers or conveyances.

The seals must easily identify any attempted tampering. The contractor shall seal all conveyances prior to shipment.

(b) 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.

Note: The contractor shall clean and seal all drain and fill ports prior to shipment from the facility, and maintain the cleanliness of shipping container interfaces, transfer hoses, and fittings.

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

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 helium 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 final distribution 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 helium 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.

(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); helium 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.

E.6 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 and gaseous helium to the Government, such as a plant outage (scheduled or unscheduled), tanker or tube 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). Except as otherwise provided in this contract, the cost of data to be furnished in response to this clause is included in the price of this contract.

E.7 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:

FAR 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

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE OR DELIVERY LOCATION

Ames Research Center (ARC), Moffett Field, CA (CLIN 001)

Armstrong Flight Research Center (AFRC), Palmdale, CA (CLIN 002)

Columbia Scientific Balloon Facility (CSBF), Ft. Sumner, NM (CLINs 005 and 006)

Columbia Scientific Balloon Facility (CSBF), Palestine, TX (CLINs 003 and 004)

Columbia Scientific Balloon Facility (CSBF), Port Hueneme, CA (CLIN 007)

Glenn Research Center at Lewis Field (GRC), Cleveland, OH (CLIN 008)

Glenn Research Center Plumbrook Station (GRC-PS), Sandusky, OH (CLIN 009)

Goddard Space Flight Center (GSFC), Greenbelt, MD (CLINs 010 through 015)

Jet Propulsion Laboratory (JPL), Pasadena, CA (CLINs 017 and 018)

Johnson Space Center (JSC), Houston, TX (CLINs 019 through 022)

Kennedy Space Center (KSC), KSC, FL (CLINs 023 through 025)

Langley Research Center (LaRC), Hampton, VA (CLIN 026)

Marshall Space Flight Center (MSFC), MSFC, AL (CLINs 027 and 028)

Michoud Assembly Facility (MAF), New Orleans, LA (CLINs 029 and 030)

Stennis Space Center (SSC), SSC, MS (CLIN 031)

Wallops Flight Facility (WFF), Wallops Island, VA (CLIN 016)

White Sands Test Facility (WSTF), Las Cruces, NM (CLIN 032)

F.2 PERIOD OF PERFORMANCE

The basic contract period of performance is from October 1, 2019, through September 30, 2021. There are three option periods available, which if exercised, will extend the period of performance as provided below (Reference: FAR 52.217-9 Option to Extend the Term of the Contract).

Option 1: October 1, 2021, through September 30, 2022

Option 2: October 1, 2022, through September 30, 2023

Option 3: October 1, 2023, through September 30, 2024

The Helium Stewardship Act of 2013 specifies the closure of the Federal Helium program on September

30, 2021. The Government will consider current legislation that extends the Federal Helium program and the “in-kind” program, as well as significant changes to the program, when determining whether to exercise an option period. It is in the best interest of the Government and the contractor that options are only exercised if the program is active and continues throughout the option period with insignificant changes.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the contractor shall submit all vouchers and 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.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/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 (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

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

G.2 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO FAR

52.245–1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified in Attachment 001 of this contract on a no charge-for-use basis pursuant to the clause at FAR

52.245–1, Government Property, as incorporated in this contract. The contractor shall use this property in the performance of this contract designated in the attachment and at other location(s) as may be approved by the Contracting Officer. Under FAR 52.245–1, the contractor is accountable for the identified property.

G.3 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

The following contract clauses are hereby incorporated by reference:

NFS 1852.245-73 Financial Reporting of NASA Property in the Custody of Contractors (Jan 2017)

NFS 1852.245-75 Property Management Changes (Jan 2011)

NFS 1852.245-76 List of Government Property Furnished Pursuant to FAR 52.245–1 (Jan 2011)

NFS 1852.245-78 Physical Inventory of Capital Personal Property (Aug 2015) https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 COMPLIANCE WITH HELIUM STEWARDSHIP ACT OF 2013

This helium procurement will be subject to the provisions of the Helium Stewardship Act of 2013, including NASAs continued participation in the Federal “In Kind” program for crude helium, managed thru the Bureau of Land Management (BLM).

Per the Helium Stewardship Act of 2013:

“…Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary…”

The contractor shall provide notice to the U.S. Department of the Interior, Bureau of Land Management, Helium Operations, 801 South Fillmore, Suite 500, Amarillo, TX 79101 that it has been awarded a contract to supply helium to the National Aeronautics and Space Administration.

The contractor, or its subcontractor(s), shall enter into an enforceable contract to purchase an equivalent amount of crude helium from the Bureau of Land Management, referred to as an “In Kind Crude Helium

Sales Contract”.

H.2 HELIUM USAGE AT OTHER LOCATIONS

The helium provided to the delivery locations are for use at those locations and not intended to be further transported by an end user to off-site locations not already directly supported by the delivery location. No further transportation of delivered product by an end user to any off site location will be permitted without specific written approval of the Contracting Officer. This restriction is required to avoid potential issues should an end user decide to transport product to another off-site location in order to supplement or replace an existing commercial helium supply at that off-site location.

H.3 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN NASA AND BLM

A signed Memorandum of Understanding (MOU) between NASA and the Bureau of Land Management

(BLM) has been put in place and provides procedures and guidance for allocating In-Kind helium for new helium requirements to NASA and Federal Helium Supplier(s) (FHS). The intent of the MOU is to encourage FHS to submit proposals for new helium contracts solicited by NASA. Under this MOU, BLM agrees to allocate In-Kind helium to the FHS that has been awarded a competitive contract by NASA.

The forecasting requirement of the MOU to the BLM will not take place until the BLM initiates allocation reductions of crude helium to refiners along the Crude Helium Pipeline (CHPL) and this allocation reduction is verified with the BLM. Reporting will not take place during surplus conditions of helium reported by the BLM.

Following verification of the allotment reduction by the BLM, NASA will initiate forecasting per the

MOU (providing forecasts by the 15th of the month prior to the month in which delivery is required).

This forecasting requirement will be discontinued once the BLM ends the allocation reductions (verified with the BLM), and not resume until the next verified allocation reduction is initiated by the BLM.

The BLM intends to rewrite its helium regulations, with the potential of the MOU terms being incorporated into the revised regulations. At that time, the MOU clauses of the contract will be superseded by the related conditions of the revised helium regulations.

H.4 DELIVERY ORDER PROCEDURES

(a) At several NASA locations, the issuance of Delivery Orders may be delegated by the NASA location

Contract Point of Contact to a Logistics Contractor. In this case, the Delivery Order may be issued by the NASA Logistics Contractor and not NASA itself. These Logistics Contractors may change during the duration of this contract. In no instance will the supplier consider the replacement

Logistics Contractor company as a “new customer” with respect to supporting the NASA delivery location.

(b) The normal receiving hours for the delivery locations are specified in the SOW (refer to Attachment

001). However, when required by any order placed under this contract, the contractor agrees to deliver product seven days a week, 24 hours a day, including all holidays. Unless otherwise specified in the SOW (ex: 72 hours or greater lead time specified for supplier to deliver), a verbal request for shipment against the written delivery order will be placed by the Requirement Point of

Contact (RPC) via telephone with a minimum of 48 hours’ notice during standard work days (i.e., Monday through Friday). RPCs will be identified in the SOW upon contract award.

(c) Delivery charges shall be a separate line on the invoice and shall provide the date of delivery, which shall correspond with product acceptance dates. The contractor agrees to provide any additional information requested by the Contracting Officer or his appointed representative to substantiate billings.

H.5 NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING (DEC

2015)

H.6 NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)

H.7 NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002) ALT I (FEB

2006)

H.8 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of items see delivery order through see delivery order , the sum of $ see delivery order 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

SCHEDULE FOR ALLOTMENT OF FUNDS

Date Amounts

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 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.

The clause directly below is only applicable to CLINs 23, 24, and 25 for Kennedy Space Center

H.9 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL 2018)

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.