80KSC019R0036__NASA_Agency-Wide_Acquisition_of_Liquid_Hydrogen_RFP.pdf

RFP 80KSC019R0036

NASA Agency-Wide Acquisition for the Supply of Liquid Hydrogen

SECTION 1 – SUPPLIES AND/OR SERVICES TO BE PROVIDED

1.1 Schedule of Supplies and/or Services

This is an indefinite delivery (ID) requirements contract with firm fixed-price delivery orders for the purchase of liquid hydrogen. 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 1.2 and in accordance with the Statement of Work specified by location in Attachment 001.

Glenn Research Center (GRC) / Plum Brook

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

Kennedy Space Center / Cape Canaveral Air Force

Station (KSC/CCAFS)

KSC, FL 32899 / CCAFS, FL 32920

Marshall Space Flight Center (MSFC) Huntsville, AL 35812

Stennis Space Center (SSC) SSC, MS 39529

Liquid Hydrogen shall be delivered to the following locations:

1.2 Schedule of Supplies

MINIMUM MAX DAILY MAX WEEKLY

MAX

MONTHLY

001 SSC (see note 1) Pound 1K 66K 264K 672K 3.1M 3.4M 2.1M

002 KSC/CCAFS (see note 2) Pound 1K 80K 160K 460K 1.1M 1.5M 1.7M

003 KSC - Launch Scrub Support (note 3) Pound 70K 80K 160K 160K 0 160K 0

CCAFS - Delta IV Heavy Launch Support (note 4)

Pound 1K 80K 240K 240K 240K 240K 240K

005 MSFC Pound 1K 28K 57K 200K 325K 275K 275K

006 GRC / Plum Brook Station Pound 1K 25K 70K 100K 150K 110K 110K

Notes:

1. The Space Launch System (SLS) core stage testing is tenatively planned for December 2019 (~500K lbs), March 2020 (~500K lbs) and April 2020 (~500K lbs).

2. CLIN 002 Includes Space Launch System (SLS) Launch Scrub Transfer Support for Artemis -1 which requires a minimum of 5 contractor tankers and drivers to remain at KSC to support LH2 transfer operations for up to 5 days (120 hours) with time commensing on scheduled arrival. Demurrage rates will apply.

The support scenario is as follows: Ten tankers will be ordered and staged at the Propellants North facility. When ready, the 10 tankers will be routed to LC-39B for offload. Once the first wave of 5 tankers has completed offload at LC-39B, those 5 tankers will be escorted to SLC-37B to be filled from the SLC-37B hydrogen storage tank while the remaining 5 tankers continue to offload at LC-39B, once complete, they will be released to return back to the plant. Once the first 5 tankers have completed filling from the SLC-37B tank, those 5 tankers will be escorted back to LC-39B for offload. This scenario will continue for approximately three waves using the same 5 tankers for filling at SLC-37B and offloading at LC-39B and will take approximately 22 hours to complete. Once completed, there should be sufficient LH2 replenishment at LC-39B to enable another launch attempt. If the launch is scrubbed again, the transfer process using the 5 tankers will be repeated approximately 48 hours after the first launch scrub was called, and could require approximately 5 waves of tankers. The contractor will not be required to deliver an additional 10 tankers again from Contractor's plant for the third launch attempt while the 5 tankers are still being held for transfer support. See Statement of Work for additional details.

3. This CLIN also supports the SLS Launch Scrub replenishment support for the Artemis-1 mission by delivering 10 tankers (70K pounds minimum) for offload after each launch scrub. Once orders are placed, this would be a take-or-pay CLIN.

4. The Delta IV Heavy Launch Support begins with the completion of the practice launch attempt (wet dress rehearsal) milesone and ends upon launch. An example of

Delta IV Heavy launch support is as follows: Day 1 through Day 5 as follows: Day 1, 5 tankers; Day 2, 10 tankers; Day 3, 5 tankers; Day 4, 5 tankers; Day 5, 5 tankers

BEST EST.

YRLY QTY

CY2022

ORDER LIMITATIONS

CLIN LOCATION UNIT

BEST EST.

YRLY QTY

CY2020

BEST EST.

YRLY QTY

CY2021

1.3 Product Unit Pricing

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

CLIN LOCATION UNIT

PRICE PER POUND

YEAR 1 YEAR 2 YEAR 3

Contract

Period 1 12/01/19 –

11/30/20

Contract Period 2 12/01/20 – 11/30/21

Contract Period 3 12/01/21 – 11/30/22

1 SSC Pound TBD TBD TBD

KSC/CCAFS

(Includes Launch

Scrub LH2 Transfer)

Pound TBD TBD TBD

KSC SLS Launch

Scrub Support Pound TBD TBD TBD

4 CCAFS Pound TBD TBD TBD

5 MSFC Pound TBD TBD TBD

6 GRC Pound TBD TBD TBD

1.4 Other Pricing

Pricing Spreadsheet, Tab 2 – Other Pricing, will be incorporated into this section upon contract award.

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 1.4. The round trip mileage shall originate at the primary plant source 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

The Government will provide notice prior to requiring delivery of ordered product as set forth in Attachment 001.

Less than 48 hours notice shall incur a short notice emergency delivery charge at the price per tanker specified in

Section 1.4.

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. Hot tank fill will be based on the prices specified in Section 1.4.

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 tanker in the group, and end at the release of the last tanker 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.

SHORT NOTICE CHANGES

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 Section 1.4. 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.

UTILIZATION FEE

The Government acknowledges there is a cost impact to the contractor associated with the extended time required for the tankers to remain at KSC/CCAFS in order to transfer LH2. Therefore, the Government will pay the contractor a utilization fee on a per tanker per day basis when a tanker is used to transfer LH2 between Space

Launch Complex (SLC)-37B and Launch Complex (LC)-39B to support the Space Launch System (SLS) launch scrub turnaround.

RECERTIFICATION FEE

The Government will pay the contractor a recertification fee per tanker when a tanker is filled from the storage tank at SLC-37B. This fee shall cover the labor and product to bring tanker back within compliance with contractor’s own quality policy.

(End of clause)

1.5 PERFORMANCE SPECIFICATION

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

1. Compressed Gas Association (CGA) specification, CGA G-5.3-2017, “Commodity Specification for

Hydrogen.” CGA specification documents are publically available to prospective offerors via the

Compressed Gas Association Web Page: https://www.cganet.com .

2. Product supplied shall fully meet the requirements of the applicable specification as indicated in the

Supply Schedule, except as modified elsewhere in this contract.

3. Note: Please refer to Section 2.2.11 Laboratory Analysis and Attachment 001 (SOW) for filter and particulate testing requirements.

1.6 STATEMENT OF WORK

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

1.7 PERIOD OF PERFORMANCE

The basic contract period of performance is from December 1, 2019, through November 30, 2021. There is one option period available, which if exercised, extends the period of performance as follows:

Option 1: December 1, 2021, through November 30, 2022.

(End of Section) https://www.cganet.com/

NASA Agency-Wide Acquisition of Liquid Hydrogen

SECTION 2 – FAR 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL

ITEMS (OCT 2018)

2.1 TAILORED PARAGRAPHS IN 52.212-4

Paragraphs (g) Invoice, (h) Patent Indemnity, (m) Termination and (o) Warranty are tailored to supplement (g)

Invoice, delete Paragraph (h) Patent Indemnity, supplement Paragraph (m), and replace Paragraph (o) Warranty as follows:

Addendum to Paragraph (g) Invoice:

SUBMISSION OF INVOICES FOR PAYMENT

(1) 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.

(2) 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.

(3) 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.

Addendum to Paragraph (m) Termination for Cause:

In addition to those requirements stated in Paragraph (m), the clause has been tailored to add the following:

(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 1.3 of this contract.

(b) If such deficient quantities are not so supplied, the Government may acquire liquid hydrogen 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 1.3 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.

Replacement of Paragraph (o) Warranty:

(o) Warranty. The items delivered hereunder will meet the specifications defined in Section 1.5– Performance

Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item so rejected. No claim of any kind with respect to the conformance of items to the foregoing specifications, whether or not based on negligence, warranty, strict liability or any other theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the contractor’s sole obligation with respect to any such claim for not meeting the specifications. THERE ARE NO EXPRESS WARRANTIES BY

CONTRACTOR OTHER THAN THOSE SPECIFIED IN THIS SECTION 52.212-4(o). NO WARRANTIES

BY CONTRACTOR (OTHER THAN WARRANTY OF TITLE AS PROVIDED IN THE UNIFORM

COMMERCIAL CODE) WILL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM

COMMERCIAL CODE INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF

FITNESS FOR A PARTICULAR PURPOSE.” This limited remedies section for failure to meet the expressed warrantee stated herein shall have no application to or impact on the Government’s remedies under paragraph

(m) Termination for cause of this Section.

(End of Addendum to FAR 52.212-4)

2.2 CLAUSES INCORPORATED VIA ADDENDUM TO 52.212-4

2.2.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

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

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (JUL 2016)

FAR 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) Fill in: http://prod.nais.nasa.gov/pub/pub_library/Omb.html

FAR 52.246-11 HIGHER LEVEL CONTRACT QUALITY REQUIREMENT

Fill in:

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

ISO 9001 Fifth Edition 2015-09-15

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES:

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP

REPORTING (DEC 2015)

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

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002) ALTERNATE

I (FEB 2006)

NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

2.2.2 52.216-18 -- ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from

December 1, 2019 through November 30, 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of Clause)

2.2.3 52.216-19 -- ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the quantity specified in Section 1.2, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of quantity specified in daily, weekly, and monthly max in Section

1.2.

(2) Any order for a combination of items in excess of quantity specified in daily, weekly, and monthly max in Section 1.2.

(3) A series of orders from the same ordering office within the daily, weekly, and monthly period specified in

Section 1.2 that call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within

30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

2.2.4 FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the contractor within the time specified in the order. The contract shall govern the contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the contractor shall not be required to make any deliveries under this contract 10 days after expiration of the period of performance specified in Section 1.

2.2.5 FAR 52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the contractor no later than 15 days prior to contract expiration; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

2.2.6 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):

FAR: https://www.acquisition.gov

NASA FAR Supplement (NFS): https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

2.2.7 NFS 1852.225-70 -- EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International

Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations

(EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at a NASA installation, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

2.2.8 NFS 1852.232-77 -- LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR

1989)

(a) Of the total price of CLINs 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 as required by the payment schedule in contract Section Attachment 02, Milestone Deliverables Descriptions and Requirements, until the total price of CLINs 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 in any event to pay or reimburse the Contractor more than the amount from time to time allotted to 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

[TBD].

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

(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.

2.2.9 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL

2018)

NOTE: Only applicable when performance involves access by Contractor's employees to the Kennedy Space

Center (KSC) and the Cape Canaveral Air Force Station (CCAFS).

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

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

[ ]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

2.2.10 DELIVERY REQUIREMENTS

(a) The contractor shall provide delivery capability for Government requirements to the delivery points specified in Section 1.1. Delivery conveyances must comply with applicable Department of Transportation (DOT) regulations. The contractor shall comply with applicable safety standards and maintain purity of product https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A 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, DOT requirements, and contingency provisions

(b) The contractor shall ensure the on-schedule delivery of liquid hydrogen ordered by the Government.

Loading and dispatching tankers shall be scheduled to assure arrival at destination during normal receiving hours as set forth in Attachment 001 Statement of Work, or unless otherwise directed. The Government will provide notice prior to requiring delivery of ordered product as set forth in Attachment 001. Less than 48 hours notice shall incur a short notice emergency delivery charge at the price per tanker specified in Section

1.4.

(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 hydrogen 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 prior to commencement of work.

(End of clause)

2.2.11 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: Please refer to Attachment 001 (SOW) for filter and particulate testing requirements.

2.2.12 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.

2.2.13 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).

(End of clause)

2.2.14 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. If units measured by scale or meter are not the same as the unit for the CLIN being supported, then the quantity delivered shall be converted into the same unit as the CLIN and also annotated. The contractor's method of product measurement must be acceptable to the contracting officer.

2.2.15 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 hydrogen 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 hydrogen 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 that are invoked or applied to the customer’s purchasing document, including this clause, shall be flowed down to the organization’s sub-tier suppliers.

(End of clause)

2.2.16 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.

(End of clause)

2.2.17 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.

SECTION 3 – FAR 52.212-5 ATTACHMENT

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (OCT

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(JUNE 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (NOV 2011) (15 U.S.C. 644).

___ (ii) Alternate I (NOV 2011).

___ (iii) Alternate II (NOV 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9.

___ (iii) Alternate II (NOV 2016) of 52.219-9.

___ (iv) Alternate III (NOV 2016) of 52.219-9.

___ (v) Alternate IV (AUG 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15

U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (28) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (JUL 2014) of 52.222-35.

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

___ (ii) Alternate I (JUL 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUNE 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUNE 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (JUNE 2014) (E.O.s 13423 and

13514

___ (ii) Alternate I (OCT 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (JUNE 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (JUNE 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

___ (ii) Alternate I (JUNE 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (JUNE 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (JUNE 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

X (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-

77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (MAY 2014) of 52.225-3.

___ (iii) Alternate II (MAY 2014) of 52.225-3.

___ (iv) Alternate III (MAY 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31

U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (JUL

2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___…