80KSC020R0032 Terms and Conditions Amendment 1.pdf

RFP 80KSC020R0032

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas Amendment 1

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 Liquified Natrual Gas (LNG). 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 / Plum Brook Station (GRC/PBS) Sandusky, OH 44870 Kennedy Space Center / Cape Canaveral Air Force Station (KSC/CCAFS) CCAFS, FL 32920 Marshall Space Flight Center (MSFC) Huntsville, AL 35812

Liquified Natural Gas shall be deliverd to the following locations:

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas Amendment 1

1.2 Schedule of Supplies

ORDER LIMITATIONS

BEST

EST.

YEARLY

QTY

Base Year

BEST

EST.

YEARLY

QTY

Base Year

BEST EST.

YEARLY

QTY

Option Year 1

BEST EST.

YEARLY

QTY

Option Year 2

BEST EST.

YEARLY

QTY

Option Year 3

CLIN

LOCATION/

DESCRIPTION SPECIFICATION

PURITY UNIT

MINI-

MUM

MAX

DAILY

MAX

WKLY

MAX

MTHLY

10/1/20- 9/30/21

10/1/21- 9/30/22

10/1/22 – 9/30/23

10/1/23 – 9/30/24

10/1/24 – 9/30/25

001 GRC/PBS Type II Modified Grade A 98 98.0% Gallon 10,250 10,250 20,500 41,000 0 82,0001 0 82,0002 0

002 KSC/CCAFS

Type II Modified Grade A 95-98

95.5% - 98.0% Gallon 20,500 92,250 246,000 492,000 500,000 500,000 900,000 1,000,000 1,200,000

003 MSFC

Type II Modified Grade A 97

97.0% Gallon 10,250 10,250 20,500 20,500 50,000 60,000 60,000 60,000 60,000

1. Quantity for Base Year 2, CLIN 001, is subject to move into Option Year 1.

2. Quantity for Option Year 2, CLIN 001, is subject to move into Option Year 3.

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas Amendment 1

1.3 Product Unit Pricing

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

Product Unit Prices

CLIN Location Unit Base

Year 1 Base

Year 2 Option 1 Year 3

Option 2 Year 4

Option 3 Year 5

001 GRC/PBS, Sandusky, OH

Gallon

002 KSC/CCAFS, Cape Canaveral, FL

Gallon

003 MSFC, Huntsville, AL Gallon

1.4 Other Pricing

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

INABILITY TO ACCEPT DELIVERY OR ACCEPTANCE OF PARTIAL 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 out of 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 this Section. The round trip mileage shall originate at the primary production 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. If the quantity of LNG to be delivered is a partial load, which is equal to or less than 8,000 gallons, the Government will pay the standard unit price for the quantity of LNG accepted, plus a transportation cost per mile for the round-trip. 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 this Section.

RENTAL

A rental fee shall be applied when an LNG trailer is required to remain on-site at a Government location for more than one day. The rental rate will be applied per day at the rate specified in this Section. This applies to CLIN 001 only.

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas Amendment 1

DEMURRAGE

The Government will pay the contractor demurrage at the rate specified in this Section 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.

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 3 tankers or more at one time requires 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 this Section. This charge shall only be applicable to orders of 3 tankers or more to be delivered at the same time and to the same location. This applies to CLIN 002 only.

ADDITIONAL SAMPLING

Upon request by the Government, the Contractor shall sample their LNG product in accordance with Attachment 003, NASA Modified Grade A Specifications-LNG, Tables 1 or 3. The sample shall be analyzed for all constituents listed in Tables 1 or 3 of Attachment 003. This applies to CLINs 001 and 003 only.

(End of clause)

1.5 PERFORMANCE SPECIFICATION

All requirements delivered under this contract shall be provided in accordance with Attachment 003 NASA Modified Grade A Specification - LNG.

1. Product supplied shall fully meet the requirements of the applicable specification as indicated in the Supply Schedule, except as modified elsewhere in this contract.

2. Note: There are no particulate testing or filtration requirements unless specifically requested by the Government(Reference Section 1.4 Additional Sampling).

1.6 STATEMENT OF WORK

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

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas Amendment 1

1.7 PERIOD OF PERFORMANCE

The basic contract period of performance is from October 1, 2020, through September 30, 2022. There are three option periods available, which if exercised, extends the period of performance as follows:

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

Option 2: October 1, 2023, through September 30, 2024.

Option 3: October 1, 2024, through September 30, 2025.

(End of Section)

NASA Agency-Wide Acquisition for the Supply of Liquified Natural Gas

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

ITEMS (OCT 2018)

2.1 TAILORED PARAGRAPHS IN FAR 52.212-4

Paragraph (g) Invoice, is tailored to supplement (g) Invoice.

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.

(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 (DEC 2014)

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 FAR 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 October 1, 2020 through September 30, 2022.

(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 FAR 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 3 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.

(End of Clause)

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

(End of clause)

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.

(End of clause)

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.

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

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

[TBD].

(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

(End of Clause)

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) https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A 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, DOT requirements, and contingency provisions

(b) The contractor shall ensure the on-schedule delivery of LNG 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 the specified advance notice for each CLIN 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 their company approved procedures.

(d) Ancillary equipment and services may be required to effect delivery of LNG 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 (Laboratory analysis costs should be included as part of the product unit price). 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. The analysis shall include all constituents listed in Attachment 003 NASA Modified Grade A Specification - LNG, with the exception of those annotated by footnote as being required, only when specifically requested by the Government in Section 1.4, Additional Sampling.

Note: There are no particulate testing or filtatration requirements unless specifically requested by the Government. Refence Section 1.4 Additional Sampling.

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.

(End of clause)

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. A standard conversion factor of 3.6 pounds per gallon shall be used to determine the quantity of gallons to be billed. 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 LNG 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 LNG 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.

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

3.1 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUNE 2020)

(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 889(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 and 108-78 (19 U.S.C. 3805note)).

(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 (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101note).

_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 (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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_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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (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. chapter78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43) (i)…